STATE OF DELAWARE DEPARTMENT OF TRANSPORTATION …gssdocs.deldot.delaware.gov/bids/T201880207 - Proposal-rak.pdf · SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. DELAWARE DEPARTMENT

STATE OF DELAWARE

DEPARTMENT OF TRANSPORTATION

BID PROPOSAL

for

CONTRACT T201880207.01

FEDERAL AID PROJECT NO. Various

CFDA NO. 20.205

Woodland Ferry Renovations, South, FY19 Sussex County

ADVERTISEMENT DATE: September 4, 2018

COMPLETION TIME: 90 Calendar Days

SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTIONDELAWARE DEPARTMENT OF TRANSPORTATION

AUGUST 2016

Bids will be received in the Bidder's Room at the Delaware Department of Transportation's AdministrationBuilding, 800 Bay Road, Dover, Delaware prior to 2:00 P.M. local time October 2, 2018

Contract No.T201880207.01 Federal Aid Project No. Various

Woodland Ferry Renovations, South, FY19Sussex County

GENERAL DESCRIPTION

LOCATION These improvements are located in Sussex County more specifically shown on the Location Map(s) ofthe enclosed Plans.

DESCRIPTION The improvements consist of furnishing all labor and materials for this contract. This project will consistof Woodland Ferry Renovations/Repairs and other incidental construction in accordance with the location,notes and details shown on the plans and as directed by the Engineer.

COMPLETION TIME All work on this contract must be complete within 90 Calendar Days. It is the Department's intent toissue a Notice to Proceed such that work starts on or about November 27, 2018.

PROSPECTIVE BIDDERS NOTES: 1. Bids will be received in the Bidder's Room at the Delaware Department of Transportation's

Administration Building, 800 Bay Road, Dover, Delaware prior to 2:00 P.M. local time October 2, 2018unless changed via addendum.

2. QUESTIONS regarding this project are to be e-mailed to [email protected] no less than six businessdays prior to the bid opening date in order to receive a response. Please include T201880207.01 in thesubject line. Responses to inquiries are posted on-line at http://www.bids.delaware.gov.

3. SURETY BOND - Each proposal must be accompanied by a deposit of either surety bond or security fora sum equal to at least 10% of the bid. 4. DBE PROGRAM REQUIREMENTS (49CFR §26.53(b)(3)(i)(B)) require submission of DBEparticipation information from the apparent low bidder no later than five (5) calendar days after bidopening, (forms are attached).

5. No RETAINAGE will be withheld on this contract.

6. EXTERNAL COMPLAINT PROCEDURE can be viewed on DelDOT’s Website at; http://regulations.delaware.gov/AdminCode/title2/2000/2500/2501.shtml or you may request a copy bycalling (302) 760-2555.

7. AUGUST 2016 STANDARD SPECIFICATIONS apply to this contract. The Contractor shall makehimself aware of any revisions and corrections (Supplemental Specifications, if any) and apply them tothe applicable item(s) of this contract. The 2016 Standard Specifications can be viewed here.

7a. FLATWORK CONCRETE TECHNICIAN CERTIFICATION TRAINING:Section 501.03, 503.03, 505.03, 610.03, 701.03 and 702.03 of the 2016 Standard Specifications requirecontractor's to provide an American Concrete Institute (ACI) or National Ready Mix ConcreteAssociation (NRMCA) certified concrete flatwork technician to supervise all finishing of flatworkconcrete. Concrete flatwork certification will be effective starting on June 1, 2018.

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mailto:[email protected]

http://www.bids.delaware.gov

http://regulations.delaware.gov/AdminCode/title2/2000/2500/2501.shtml

http://www.deldot.gov/Publications/manuals/standard_specifications/index.shtml

Contract No.T201880207.01 CONSTRUCTION ITEMS UNITS OF MEASURE

EnglishCode

EnglishDescription

MultiplyBy

MetricCode

MetricDescription

SuggestedCEC Metric

Code

ACRE Acre 0.4047 ha Hectare HECTARE

BAG Bag N/A Bag Bag BAG

C.F. Cubic Foot 0.02832 m³ Cubic Meter M3

C.Y. Cubic Yard 0.7646 m³ Cubic Meter M3

EA-DY Each Day N/A EA-DY Each Day EA-DY

EA-MO Each Month N/A EA-MO Each Month EA-MO

EA/NT Each Night N/A EA-NT Each Night EA/NT

EACH Each N/A EA Each EACH

GAL Gallon 3.785 L Liter L

HOUR Hour N/A h Hour HOUR

INCH Inch 25.4 mm Millimeter MM

L.F. Linear Foot 0.3048 m Linear Meter L.M.

L.S. Lump Sum N/A L.S. Lump Sum L.S.

LA-MI Lane Mile 1.609 LA-km Lane-Kilometer LA-KM

LB Pound 0.4536 kg Kilogram KG

MFBMThousand Feet ofBoard Measure

2.3597 m³ Cubic Meter M3

MGAL Thousand Gallons 3.785 kL Kiloliter KL

MILE Mile 1.609 km Kilometer KM

S.F. Square Foot 0.0929 m² Square Meter M2

S.Y. Square Yard 0.8361 m² Square Meter M2

SY-IN Square Yard-Inch 0.8495 m²-25 mmSquare Meter-25

MillimeterM2-25 MM

TON Ton .9072 tMetric Ton(1000kg)

TON

N.A.* Kip 4.448 kN Kilonewton N.A.*

N.A.* Thousand Poundsper Square Inch

6.895 MPa Megapascal N.A.*

*Not used for units of measurement for payment.

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Contract No. T1880207.01

TABLE OF CONTENTS

GENERAL DESCRIPTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iLOCATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iDESCRIPTION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iCOMPLETION TIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iPROSPECTIVE BIDDERS NOTES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iCONSTRUCTION ITEMS UNITS OF MEASURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

GENERAL NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1SPECIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1CLARIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1ATTESTING TO NON-COLLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1QUANTITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS. . . . . . . . . . . . . . . . 1TAX CLEARANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2LICENSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2DIFFERING SITE CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2CONFLICT WITH FEDERAL STATUTES OR REGULATIONS.. . . . . . . . . . . . . . . . . . . . . . . 3FEDERAL LABOR AND EMPLOYMENT REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . 3CONVICT PRODUCED MATERIALS:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3TO REPORT BID RIGGING ACTIVITIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION. . . . . . . . . . . . . . . . . . . . . . . . . 5STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY. . . . . . . . . . . . . . . . . . . . 6TRAINING SPECIAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT. . . . . . . . . . . . . . . . . . 10DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM SPECIFICATION. . . . . 10CRITICAL DBE REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12GUIDANCE FOR GOOD FAITH EFFORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

REQUIRED CONTRACT PROVISIONS - FEDERAL-AID CONSTRUCTION CONTRACTS. . . . 15I. GENERAL.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15II. NONDISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15III. NONSEGREGATED FACILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19IV. DAVIS-BACON AND RELATED ACT PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . 19V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. . . . . . . . . . . . . . . . . 24VI. SUBLETTING OR ASSIGNING THE CONTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24VII. SAFETY: ACCIDENT PREVENTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS. . . . . . . . . . . . . . . . . . 26IX. IMPLEMENTATION OF CLEAN AIR & WATER POLLUTION CONTROL ACT. . . . 26X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY. . . . 27XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING.. . . 29CARGO PREFERENCE ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30BUY AMERICA.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30APPENDICES TO THE TITLE VI ASSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

PROJECT NOTES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

BID PROPOSAL FORMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

PHOTOGRAPHS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

CERTIFICATE OF INSPECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

CERTIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

BID BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

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GENERAL NOTICES

SPECIFICATIONS:

The specifications entitled "Delaware Standard Specifications for Road and Bridge Construction, August, 2016", hereinafter referred to as the Standard Specifications; Supplemental Standard Specifications; theSpecial Provisions; notes on the Plans; this Bid Proposal; and any addenda thereto, shall govern the work tobe performed under this contract.

CLARIFICATIONS:

Under any Section or Item included in the Contract, the Contractor shall be aware that when requirements,responsibilities, and furnishing of materials are outlined in the details and notes on the Plans and in theparagraphs preceding the " Basis of Payment" paragraph in the Standard Specifications or Special Provisions,no interpretation shall be made that such stipulations are excluded because reiteration is not made in the"Basis of Payment" paragraph.

ATTESTING TO NON-COLLUSION:

The Department requires as a condition precedent to acceptance of bids a sworn statement executed by, oron behalf of, the person, firm, association, or corporation to whom such contract is to be awarded, certifyingthat such person, firm, association, or corporation has not, either directly or indirectly, entered into anyagreement, participated in any collusion, or otherwise taken any action in restraint of free competitive biddingin connection with such contract. The form for this sworn statement is included in the proposal and must beproperly executed in order to have the bid considered.

QUANTITIES:

The quantities shown are for comparison of bids only. The Department may increase or decrease any quantityor quantities without penalty or change in the bid price.

EQUALITY OF EMPLOYMENT OPPORTUNITY ON PUBLIC WORKS:

Delaware Code, Title 29, Chapter 69, Section 6962, Paragraph (d), Subsection (7) states;

a. As a condition of the awarding of any contract for public works financed in whole or in part by Stateappropriation, such contracts shall include the following provisions:

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because ofrace, creed, color, sex, sexual orientation, gender identity or national origin. The contractor will takepositive steps to ensure that applicants are employed and that employees are treated duringemployment without regard to their race, creed, color, sex, sexual orientation, gender identity ornational origin. Such action shall include, but not be limited to, the following: employment,upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; ratesof pay or other forms of compensation; and selection for training, including apprenticeship. Thecontractor agrees to post in conspicuous places available to employees and applicants foremployment notices to be provided by the contracting agency setting forth this nondiscriminationclause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of thecontractor, state that all qualified applicants will receive consideration for employment withoutregard to race, creed, color, sex, sexual orientation, gender identity or national origin.

3. The contractor will ensure employees receive equal pay for equal work, without regard to sex.Employee pay differential is acceptable if pursuant to a seniority system, a merit system, a systemwhich measures earnings by quantity or quality of production, or if the differential is based on anyother factor other than sex.

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TAX CLEARANCE:

As payments to each vendor or contractor aggregate $2,000, the Division of Accounting will report suchvendor or contractor to the Division of Revenue, who will then check the vendor or contractor's compliancewith tax requirements and take such further action as may be necessary to insure compliance.

LICENSE:

A person desiring to engage in business in this State as a contractor on a project designated to include federalfunds, shall obtain a Delaware business license upon making application to the Division of Revenue. Proofof said license compliance to be made prior to, or in conjunction with, the execution of a contract to whichhe has been named.

SUBCONTRACTOR LICENSE: 29 DEL. C. §6967:

(c) Any contractor that enters a public works contract must provide to the agency to which it is contracting,within 30 days of entering such public works contract, copies of all occupational and business licenses ofsubcontractors and/or independent contractors that will perform work for such public works contract.However, if a subcontractor or independent contractor is hired or contracted more than 20 days after thecontractor entered the public works contract the occupational or business license of such subcontractor orindependent contractor shall be provided to the agency within 10 days of being contracted or hired.

DIFFERING SITE CONDITIONS,

SUSPENSIONS OF WORK and SIGNIFICANT CHANGES IN THE CHARACTER OF WORK:

Differing site conditions: During the progress of the work, if subsurface or latent physical conditions areencountered at the site differing materially from those indicated in the contract of if unknown physicalconditions of an unusual nature, differing materially from those ordinarily encountered and generallyrecognized as inherent in the work provided for in the contract are encountered at the site, the partydiscovering such conditions shall promptly notify the other party in writing of the specific differingconditions before they are disturbed and before the affected work is performed.

Upon written notification, the engineer will investigate the conditions, and if he/she determines that theconditions materially differ and cause an increase or decrease in the cost or time required for the performanceof any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and thecontract modified in writing accordingly. The engineer will notify the contractor of his/her determinationwhether or not an adjustment of the contract is warranted.

No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor hasprovided the required written notice.

No contract adjustment will be allowed under their clause for any effects caused on unchanged work.

Suspensions of work ordered by the engineer: If the performance of all or any portion of the work issuspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated,customary or inherent to the construction industry) and the contractor believes that additional compensationand/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineerin writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. Therequest shall set fourth the reasons and support for such adjustment.

Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/ortime required for the performance of the contract has increased as a result of such suspension and thesuspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers,or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment(excluding profit) and modify the contract in writing accordingly. The engineer will notify the contractor ofhis/her determination whether or not an adjustment of the contract is warranted.

No contract adjustment will be allowed unless the contractor has submitted the request for adjustment withinthe time prescribed.

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No contract adjustment will be allowed under this clause to the extent that performance would have beensuspended or delayed by any other cause, or for which an adjustment is provided for or excluded under anyother term or condition of this contract.

Significant changes in the character of work: The engineer reserves the right to make, in writing, at any timeduring the work, such changes in quantities and such alterations in the work as are necessary to satisfactorilycomplete the project. Such changes in quantities and alterations shall not invalidate the contract nor releasethe surety, and the contractor agrees to perform the work as altered.

If the alterations or changes in quantities significantly change the character of the work under the contract,whether or not changed by any such different quantities or alterations, an adjustment, excluding loss ofanticipated profits, will be made to the contract. The basis for the adjustment shall be agreed upon prior tothe performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either foror against the contractor in such amount as the engineer may determine to be fair and equitable.

The term "significant change" shall be construed to apply only to the following circumstances:

(A) When the character of the work as altered differs materially in kind or naturefrom that involved or included in the original proposed construction or

(B) When a major item of work, as defined elsewhere in the contract, is increasedin excess of 125 percent or decreased below 75 percent of the original contractquantity. Any allowance for an increase in quantity shall apply only to thatportion in excess of 125 percent of original contract item quantity, or in case ofa decrease below 75 percent, to the actual amount of work performed.

CONFLICT WITH FEDERAL STATUTES OR REGULATIONS:

Delaware Code, Title 29, Chapter 69, Section 6904, Paragraph (a):

"If any provision of this subchapter conflicts or is inconsistent with any statute, rule or regulation of thefederal government applicable to a project or activity, the cost of which is to be paid or reimbursed inwhole or in part by the federal government, and due to such conflict or inconsistency the availability offederal funds may be jeopardized, such provision shall not apply to such project or activity."

FEDERAL LABOR AND EMPLOYMENT REQUIREMENTS

Federal Regulation 23 CFR § 635.117(b) Labor and employment, states:

"No procedures or requirement shall be imposed by any State which will operate to discriminate againstthe employment of labor from any other State, possession or territory of the United States, in theconstruction of a Federal-aid project."

CONVICT PRODUCED MATERIALS:

(a) Materials produced after July 1, 1991, by convict labor may only be incorporated in a Federal-aidhighway construction project if such materials have been:

(1) Produced by convicts who are on parole, supervised release, or probation from a prisonor

(2) Produced in a qualified prison facility and the cumulative annual production amount ofsuch materials for use in Federal-aid highway construction does not exceed the amount ofsuch materials produced in such facility for use in Federal-aid highway constructionduring the 12-month period ending July 1, 1987.

(b) Qualified prison facility means any prison facility in which convicts, during the 12-month periodending July 1, 1987, produced materials for use in Federal-aid highway construction projects.

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TO REPORT BID RIGGING ACTIVITIES:

The U. S. Department of Transportation (DOT) operates the below toll-free "hotline" Monday through Friday,8:00 a.m. to 5:00 p.m. eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, orother fraudulent activities should use the "hotline" to report such activities.

The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contractfraud and abuse and is operated under the direction of the DOT Inspector General. All information will betreated confidentially and caller anonymity will be respected.

TO REPORT BID RIGGING ACTIVITIES CALL 1-800-424-9071

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NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTIONTO ENSURE EQUAL EMPLOYMENT OPPORTUNITY

(EXECUTIVE ORDER 11246)

1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard FederalEqual Employment Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for theContractor's aggregate work force in each trade on all construction work in the covered area, are asfollows:

Goals for Minority Participation InEach Trade

Goals for Female Participation InEach Trade

12.3% (New Castle County)14.5% (Kent & Sussex Counties)

6.9% (Entire State)

These goals are applicable to all the Contractor's construction work (whether or not it is Federal orfederally assisted) performed in the covered area. If the contractor performs construction work in ageographical area located outside of the covered area, it shall apply the goals established for suchgeographical area where the work is actually performed. With regard to this second area, the contractoralso is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the Executive Order and the regulations inCFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmativeaction obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet thegoals. The hours of minority and female employment and training must be substantially uniformthroughout the length of the contract, and in each trade, and the contractor shall make a good faith effortto employ minorities and women evenly on each of its projects. The transfer of minority or femaleemployees or trainees from Contractor to Contractor or from project to project for the sole purpose ofmeeting the Contractor's goals shall be a violation of the contract, the Executive Order, and theregulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total workhours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal ContractCompliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. Thenotification shall list the name, address, and telephone number of the subcontractor; employeridentification number of the subcontractor; estimated dollar amount of the subcontract; estimated startingand completion dates of the subcontract; and the geographical area in which the subcontract is to beperformed.

4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is SussexCounty.

REV. 11-3-80

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STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)

1. As used in these specifications:

a. "Covered area" means the geographical area described in the solicitation from which this contractresulted;

b. "Director" means Director, Office of Federal Contract Compliance Programs, United StatesDepartment of Labor, or any person to whom the Director delegates authority;

c. "Employer identification number" means the Federal Social Security number used on the Employer'sQuarterly Federal Tax Return, U.S. Treasury Department Form 941.

d. "Minority" includes:i. Black (all persons having origins in any of the Black African racial groups not of Hispanic

origin);ii. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other

Spanish Culture or origin, regardless of race);iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far

East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); andiv. American Indian or Alaskan Native (all persons having origins in any of the original peoples of

North America and maintaining identifiable tribal affiliations through membership andparticipation or community identification).

2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involvingany construction trade, it shall physically include in each subcontract in excess of $10,000 the provisionsof these specifications and the Notice which contains the applicable goals for minority and femaleparticipation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.Department of Labor in the covered area either individually or through an association, its affirmativeaction obligations on all work in the Plan area (including goals and timetables) shall be in accordancewith that Plan for those trades which have unions participating in the Plan. Contractors must be able todemonstrate their participation in and compliance with the provisions of any such Hometown Plan. EachContractor or Subcontractor participating in an approved Plan is individually required to comply withits obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Planin each trade in which it has employees. The overall good faith performance by other Contractors orSubcontractors toward a goal in an approved plan does not excuse any covered Contractor's orSubcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7athrough 7p of these specifications. The goals set forth in the solicitation from which this contract resultedare expressed as percentages of the total hours of employment and training of minority and femaleutilization the Contractor should reasonably be able to achieve in each construction trade in which it hasemployees in the covered area. Covered Construction contractors performing construction work ingeographical areas where they do not have a Federal or federally assisted construction contract shallapply the minority and female goals established for the geographical area where the work is beingperformed. Goals are published periodically in the Federal Register in notice form, and such notices maybe obtained from any Office of Federal Contract Compliance Program Office or from the Federalprocurement contracting offices. The Contractor is expected to make substantially uniform progress inmeeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom theContractor has a collective bargaining agreement, to refer either minorities or women shall excuse theContractor's obligations under these specifications, Executive Order 11246, or the regulationspromulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,such apprentices and trainees must be employed by the Contractor during the training period, and theContractor must have made a commitment to employ the apprentices and trainees at the completion oftheir training, subject to the availability of employment opportunities. Trainees must be trained pursuantto training programs approved by the U.S. Department of Labor.

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7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. Theevaluation of the Contractor's compliance with these specifications shall be based upon its effort toachieve maximum results from its actions. The Contractor shall document these efforts fully, and shallimplement affirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at allsites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor,where possible, will assign two or more women to each construction project. The Contractor shallspecifically ensure that all foremen, superintendents, and other on-site supervisory personnel areaware of and carry out the Contractor's obligation to maintain such a working environment, withspecific attention to minority or female individuals working at such sites or in such facilities.

b. Establish and maintain a current list of minority and female recruitment sources, provide writtennotification to minority and female recruitment sources and to community organizations when theContractor or its unions have employment opportunities available, and maintain a record of theorganizations' responses.

c. Maintain a current file of the names, addresses and telephone numbers of each minority and femaleoff-the-street applicant and minority or female referral from a union, a recruitment source orcommunity organization and of what action was taken with respect to each such individual. If suchindividual was sent to the union hiring hall for referral and was not referred back to the Contractorby the union or, if referred, not employed by the Contractor, this shall be documented in the file withthe reason therefor, along with whatever additional actions the Contractor may have taken.

d. Provide immediate written notification to the Director when the union or unions with which theContractor has a collective bargaining agreement has not referred to the Contractor a minority personor woman sent by the Contractor, or when the Contractor has other information that the union referralprocess has impeded the Contractor's efforts to meet its obligations.

e. Develop on-the-job training opportunities and/or participate in training programs for the area whichexpressly include minorities and women, including upgrading programs and apprenticeship andtrainee programs relevant to the Contractor's employment needs, especially those programs fundedor approved by the Department of Labor. The Contractor shall provide notice of these programs tothe sources compiled under 7b above.

f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and trainingprograms and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and collective bargaining agreement; by publicizing it in thecompany newspaper, annual report, etc.; by specific review of the policy with all managementpersonnel and with all minority and female employees at least once a year; and by posting thecompany EEO policy on bulletin boards accessible to all employees at each location whereconstruction work is performed.

g. Review, at least annually, the company's EEO policy and affirmative action obligations under thesespecifications with all employees having any responsibility for hiring, assignment, layoff, terminationor other employment decisions including specific review of these items with on-site supervisorypersonnel such as Superintendents, General Foreman, etc., prior to the initiation of construction workat any job site. A written record shall be made and maintained identifying the time and place of thesemeetings, persons attending, subject matter discussed, and disposition of the subject matter.

h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the newsmedia, specifically including minority and female news media, and providing written notification toand discussing the Contractor's EEO policy with other Contractors and Subcontractors with whomthe Contractor does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to minority, female and communityorganizations, to schools with minority and female students and to minority and female recruitmentand training organizations serving the Contractor's recruitment area and employment needs. Not laterthan one month prior to the date for the acceptance of applications for apprenticeship or other trainingby any recruitment source, the Contractor shall send written notification to organizations such as theabove, describing the openings, screening procedures, and tests to be used in the selection process.

j. Encourage present minority and female employees to recruit other minority persons and women and,where reasonable, provide after school, summer and vacation employment to minority and femaleyouth both on the site and in other areas of a Contractor's work force.

k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFRPart 60-3.

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l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnelfor promotional opportunities and encourage these employees to seek or to prepare for, throughappropriate training, etc., such opportunities.

m. Ensure that seniority practices, job classifications, work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment relatedactivities to ensure that the EEO policy and the Contractor's obligations under these specificationsare being carried out.

n. Ensure that all facilities and company activities are nonsegregated except that separate or single-usertoilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontractors from minority andfemale construction contractors and suppliers, including circulation of solicitations to minority andfemale contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisors' adherence to and performance under theContractor's EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or moreof their affirmative action obligations (7a through p). The efforts of a contractor association, jointcontractor-union, contractor-community, or other similar group of which the Contractor is a member andparticipant, may be asserted as fulfilling any one or more of its obligations under 7a through p of theseSpecifications provided that the Contractor actively participates in the group, makes every effort to assurethat the group has a positive impact on the employment of minorities and women in the industry, ensuresthat the concrete benefits of the program are reflected in the Contractor's minority and female work forceparticipating, makes a good faith effort to meet its individual goals and timetables, and can provide accessto documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. Theobligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shallnot be a defense for the Contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The Contractor,however, is required to provide equal employment opportunity and to take affirmative action for allminority groups, both male and female, and all women, both minority and non-minority. Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in asubstantially disparate manner (for example, even though the Contractor has achieved its goals forwomen generally, the Contractor may be in violation of the Executive Order if a specific minority groupof women is under utilized).

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminateagainst any person because of race, color, religion, sex, or national origin.

11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Governmentcontracts pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and ofthe Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontractsas may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementingregulations, by the Order of Federal Contract Compliance Programs. Any Contractor who fails to carryout such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specificaffirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of thesespecifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementingregulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment-related activity to ensurethat the company EEO policy is being carried out, to submit reports relating to the provisions hereof asmay be required by the Government, and to keep records. Records shall at least include for eachemployee the name, address, telephone numbers, construction trade, union affiliation if any, employeeidentification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice,trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate

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of pay, and locations at which the work was performed. Records shall be maintained in an easilyunderstandable and retrievable form; however, to the degree that existing records satisfy this requirement,contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws whichestablish different standards of compliance or upon the application of requirements for the hiring of localor other area residents (e.g., those under the Public Works Employment Act of 1977 and the CommunityDevelopment Block Grant Program).

* * * * *TRAINING SPECIAL PROVISIONS

This Training Special Provision supersedes subparagraph 7b of the Special Provision entitled "Specific EqualEmployment Opportunity Responsibilities", (Attachment 1), and is in implementation of 23 U.S.C. 140(a).As part of the contractor's equal employment opportunity affirmative action program, training shall beprovided as follows:

The contractor shall provide on-the-job training aimed at developing full journeyman in the type of trade orjob classification involved.

The number of trainees to be trained under the special provision will be 0. In the event the contractorsubcontracts a portion of the contract work, he shall determine how many, if any, of the trainees are to betrained by the subcontractor, provided however, that the contractor shall retain the primary responsibility formeeting the training requirements imposed by this special provision. The contractor shall also insure that thisTraining Special Provision is made applicable to such subcontract. Where feasible, 25 percent of apprenticesor trainees in each occupation shall be in their first year apprenticeship or training.

The number of trainees shall be distributed among the work classification on the basis of the contractor'sneeds and the availability of journeymen in the various classifications within a reasonable area of recruitment. Prior to commencing construction, the contractor shall submit to the Department of Highways andTransportation for approval the number of trainees to be trained in each selected classification and trainingprogram to be used. Furthermore, the contractor shall specify the starting time for training in each of theclassifications. The contractor will be credited for each trainee employed by him on the contract work whois currently enrolled or becomes enrolled in an approved program and will be reimbursed for such traineesas provided hereinafter.

Training and upgrading of minorities and women toward journeyman status is a primary objective of thisTraining Special Provision. Accordingly, the contractor shall make every effort to enroll minority traineesand women (e.g., by conducting systematic and direct recruitment through public and private sources likelyto yield minority and women trainees) to the extent that such persons are available within a reasonable areaof recruitment. The contractor will be responsible for demonstrating the steps that he has taken in pursuancethereof, prior to a determination as to whether the contractor is in compliance with this Training SpecialProvision. This training commitment is not intended, and not be used, to discriminate against any applicantfor training, whether a member of a minority group or not.

No employee shall be employed as a trainee in any classification in which he has successfully completed atraining course leading to journeyman status or in which he has been employed as a journeyman. Thecontractor should satisfy this requirement by including appropriate questions in the employee application orby other suitable means. Regardless of the method used the contractor's records should document the findingsin each case.

The minimum length and type of training for each classification will be as established in the training programselected by the contractor and approved by the Department of Highways and Transportation and the FederalHighway Administration. The Department of Highways and Transportation and the Federal HighwayAdministration shall approve a program if it is reasonably calculated to meet the equal employmentopportunity obligations of the contractor and to qualify the average trainee for journeyman status in theclassification concerned by the end of the training period. Furthermore, apprenticeship programs registeredwith the U.S. Department of Labor, Bureau of Apprenticeship and Training, or with a State apprenticeshipagency recognized by the Bureau and training programs approved but not necessarily sponsored by the U.S.Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training shall also beconsidered acceptable provided it is being administered in a manner consistent with the equal employment

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obligations of Federal-aid highway construction contracts. Approval or acceptance of a training programshall be obtained from the State prior to commencing work the classification covered by the program. It isthe intention of these provisions that the training is to be provided in the construction crafts rather than clerk-typists or secretarial-type positions. Training is permissible in lower level management positions such asoffice engineers, estimators, timekeepers, etc., where the training is oriented toward construction applications. Training in the laborer classification may be permitted provided that significant and meaningful training isprovided and approved by the division office. Some off-site training is permissible as long as the trainingis an integral part of an approved training program and does not comprise a significant part of the overalltraining.

Except as otherwise noted below, the contractor will be reimbursed 80 cents per hour of training given anemployee on this contract in accordance with an approved training program. As approved by the engineer,reimbursement will be made for training persons in excess of the number specified herein. Thisreimbursement will be made even though the contractor receives additional training program funds from othersources, provided such other sources does not specifically prohibit the contractor from receiving otherreimbursement. Reimbursement for off-site training indicated above may only be made to the contractorwhere he does one or more of the following and the trainees are concurrently employed on a Federal-aidproject; contributes to the cost of the training; provides the instruction of the trainee; or pays the trainee'swages during the off-site training period.

No payment shall be made to the contractor if either the failure to provide the required training, or the failureto hire the trainees as a journeyman, is caused by the contractor and evidences a lack of good faith on the partof the contractor in meeting the requirements of this Training Special Provision. It is normally expected thata trainee will begin his training on the project as soon as feasible after start of work utilizing the skill involvedand remain on the project as long as training opportunities exist in his work classification or until he hascompleted his training program. It is not required that all trainees be on board for the entire length of thecontract. A contractor will have fulfilled his responsibilities under this Training Special Provision if he hasprovided acceptable training to the number of trainees specified. The number trained shall be determined onthe basis of the total number enrolled on the contract for a significant period.

Trainees will be paid a least 60 percent of the appropriate minimum journeymen's rate specified in thecontract for the first half of the of the training period, 75 percent for the third quarter of the training period,and 90 percent for the last quarter of the training period, unless apprentices or trainees is an approved existingprogram are enrolled as trainees on this project. In fact case, the appropriate rates approved by theDepartment of Labor or Transportation in connection with the existing program shall apply to all traineesbeing trained for the same classification who are covered by this Training Special Provisions.

The contractor shall furnish the trainee a copy of the program he will follow in providing the training.

The contractor shall provide each trainee with a certification showing the type and length of trainingsatisfactorily completed.

The contractor will provide for the maintenance of records and furnish periodic reports documenting hisperformance under this Training Special Provision.

* * * * *INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT

& TRANSPORTATION EQUITY ACT

Recipients of Federal-aid highway funds authorized under Titles I (other than Part B) and V of the IntermodalSurface Transportation Efficiency Act of 1991 (ISTEA), or Titles I, III, and V of the Transportation EquityAct for the 21st Century (TEA-21) are required to comply with the regulations of 49 Code of FederalRegulations (CFR) Part 26 - Participation by Disadvantaged Business Enterprises in Department ofTransportation Financial Assistance Programs.

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM SPECIFICATION

The U.S. Department of Transportation (DOT) requires that the Delaware Department of Transportationcontinue the established Disadvantaged Business Enterprise (DBE) Program for participation in U.S. DOTprograms and that the program follow the final rules as stated in 49 CFR Part 26 and the Department'sapproved DBE Program plan.

The following definitions apply to this subpart:

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Disadvantaged Business Enterprise or DBE means a for-profit small business concern (1) that is at least 51percent owned by one or more individuals who are both socially and economically disadvantaged or, in thecase of a corporation, in which 51 percent of the stock is owned by one or more such individuals; and, (2)whose management and daily business operations are controlled by one or more of the socially andeconomically disadvantaged individuals who own it.

DOT-assisted contract means any contract between a recipient and a contractor (at any tier) funded in wholeor in part with DOT financial assistance, including letters of credit or loan guarantees, except a contract solelyfor the purchase of land.

Good Faith Efforts means efforts to achieve a DBE goal or other requirement of this part which, by theirscope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the programrequirement.

Joint Venture means an association of a DBE firm and one or more other firms to carry out a single, for-profitbusiness enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, andin which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whoseshare in the capital contribution, control, management, risks, and profits of the joint venture arecommensurate with its ownership interest.

Race-conscious measure or program is one that is focused specifically on assisting only DBEs, includingwomen-owned DBEs.

Race-neutral measure or program is one that is, or can be, used to assist all small businesses. For the purposesof this part, race-neutral includes gender neutrality.

Small Business concern means, with respect to firms seeking to participate as DBEs in DOT-assistedcontracts, a small business concern as defined pursuant to section 3 of the Small Business Act and SmallBusiness Administration regulations implementing it (13 CFR part 121) that also does not exceed the cap onaverage annual gross receipts specified in 49 CFR §26.65(b).

Socially and economically disadvantaged individuals means any individual who is a citizen (or lawfullyadmitted permanent resident) of the United States and who is - (1) any individual who a recipient finds to bea socially and economically disadvantaged individual on a case-by-case basis; (2) any individual in thefollowing groups, members of which are rebuttably presumed to be socially and economically disadvantaged:

(i) Black Americans which includes persons having origins in any of the Black racial groups of Africa;(ii) Hispanic Americans which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central

or South American, or other Spanish or Portuguese culture or origin, regardless of race;(iii) Native Americans which includes persons who are American Indians, Eskimos, Aluets, or Native

Hawaiians;(iv) Asian-Pacific Americans which includes persons whose origins are from Japan, China, Taiwan,

Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia,the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republicof Palau), the Commonwealth of the Northern Marianas Islands, Macao, Fiji, Tonga, Kirbati, Juvalu,Nauru, Federated States of Micronesia, or Hong Kong;

(v) Subcontinent Asian Americans which includes persons whose origins are from India, Pakistan,Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;

(vi) Women;(vii) Any additional groups whose members are designated as socially and economically disadvantaged

by the SBA, at such time as the SBA designation becomes effective.

DelDOT will establish specific goals for each particular DOT-assisted project which will be expressed as apercentage of the total dollar amount of contract bid. The specific contract goals for this contract are:

Disadvantaged Business Enterprise 0 % PercentDelDOT continues to reserve the right to approve DBE subcontractors and all substitutions of DBEsubcontractors prior to award and during the time of the contract.

Bidders are required to submit with their bids the completed DBE Program Assurance portion of theCertification document which will state the bidders intent of meeting the goals established for this contract;or in the instance where a contractor cannot meet the assigned DBE Goals for this contract, he/she shall atthe time of bid submit documentation required to verify that he/she has made a Good Faith Effort to meet theDBE Goals. Guidance for submitting a Good Faith Effort is identified in the next section and in the DBE

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Program Plan. Further, the apparent low bidder must submit to DelDOT within five (5) calendar days afterthe bid opening, executed originals of each and every DBE subcontract to satisfy contract goals consistentwith the DBE Program Assurance submitted as part of the bid package.

No contract work shall be performed by a DBE subcontractor until the executed DBE subcontract is approvedin writing by DelDOT and the Department has issued the required Notice to Proceed. Any DBE subcontractrelating to work to be performed pursuant to this contract, which is submitted to DelDOT for approval, mustcontain all DBE subcontractor information, the requirements contained in this contract, and must be fullyexecuted by the contractor and DBE subcontractor.

Each contract between the prime contractor and each DBE subcontractor shall at the minimum include thefollowing:

1. All pertinent provisions and requirements of the prime contract.2. Description of the work to be performed by the DBE subcontractor.3. The dollar value of each item of work to be completed by the DBE subcontractor and the bid price

of each item of work to be completed by the DBE subcontractor.

* * * * *CRITICAL DBE REQUIREMENTS

A bid may be held to be non-responsive and not considered if the required DBE information is notprovided. In addition, the bidder may lose its bidding capability on Department projects and such othersanctions as the Department may impose. It is critical that the bidder understands:

1. In the event that the bidder cannot meet the DBE goal as set forth in this specification, he/she shall at thetime of bid submit to the Department that percentage of the DBE Goal that will be met, if any, on thewritten and notarized assurance made a part of this contract. The contractor shall also at the time of bidsubmit all documentation that the contractor wishes to have the Department consider in determining thatthe contractor made a Good Faith Effort to meet contract DBE Goals. The Department will not acceptGood Faith Effort documentation other than on the scheduled date and time of the bid opening. However,the Department may ask for clarification of information submitted should the need arise.

2. A bid which does not contain either a completely executed DBE Program Assurance and/or Good FaithEffort documentation, where appropriate, shall be declared non-responsive and shall not be consideredby the Department.

3. Failure of the apparent low bidder to present originals of all DBE subcontracts to substantiate the volumeof work to be performed by DBE's as indicated in the bid within five (5) calendar days after the bidopening shall create a rebuttable presumption that the bid is not responsive.

4. Bidders are advised that failure to meet DBE Goals during the term of the contract may subject them toDepartment sanctions as identified in the DBE Program Plan.

5. In the execution of this contract, the successful bidder agrees to comply with the following contractclauses:

Prompt Payment: The prime contractor/consultant receiving payments shall, within 30 days of receiptof any payment, file a statement with the Department on a form to be determined by the Department thatall subcontractors furnishing labor or material have been paid the full sum due them at the stage of thecontract, except any funds withheld under the terms of the contract as required by Chapter 8, Title 17 ofthe Delaware Code, annotated and as amended. Any delay or postponement of payment from the abovereferenced time frame may occur only for good cause following written approval of DelDOT. Thisclause applies to both DBE and non-DBE subcontractors.

Retainage: The prime contractor agrees to return retainage to each subcontractor within 15 calendar daysafter the subcontractor's work is satisfactorily completed. Any delay or postponement of payment fromthe above referenced time frame may occur only for good cause following written approval of DelDOT. This clause covers both DBE and non-DBE subcontractors. As guidance, once a subcontractor hassatisfactorily completed the physical work, and has given to the prime contractor a certified statementthat all laborers, lower tier contractors, and materialmen who have furnished labor and materials to thesubcontractor have been paid all monies due them, the prime contractor shall return retainage to thesubcontractor within 15 calendar days.

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6. In the execution of this contract, the successful bidder agrees to comply with the following contractassurance and will include this same language in each subcontractor contract:

"The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sexin the performance of this contract. The contractor shall carry out applicable requirements of 49 CFRPart 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry outthese requirements is a material breach of this contract, which may result in the termination of thiscontract or such remedy as the recipient deems appropriate." 49 CFR Section 26.13

7. In addition to this specification, bidders must comply with all provisions of the rules and regulationsadopted by the U.S. Department of Transportation for DBE participation in U.S. DOT and DelDOTPrograms (49 CFR Part 26) and the Delaware Department of Transportation Disadvantaged BusinessEnterprise Program Plan; each of which is hereby incorporated and made part of this specification. Bidders are also reminded that they must be responsible and responsive bidders in all other aspects asidefrom the DBE Program in order to be awarded the contract.

8. In accordance with 49 CFR 26.53(f)(1), DelDOT requires that a prime contractor not terminate a DBEsubcontractor without prior written consent from the DelDOT Civil Rights Office. This includes, but isnot limited to, instances in which a prime contractor seeks to perform work originally designated for aDBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBEfirm.

* * * * *GUIDANCE FOR GOOD FAITH EFFORT

When the DBE Goals established for a contract by DelDOT are not met, the contractor shall demonstrategood faith efforts to meet the DBE contract goals. The contractor shall demonstrate that the efforts madewere those that a contractor actively and aggressively seeking to meet the goals established by DelDOT wouldmake, given all relevant circumstances. Evidence of this good faith effort will be submitted with the bid atthe time of the bid opening.

The contractor is expected to demonstrate good faith efforts by actively and aggressively seeking out DBEparticipation in the project to the maximum extent, given all relevant circumstances. Following are the kindsof efforts that may be taken but are not deemed to be exclusive or exhaustive and DelDOT will consider otherfactors and types of efforts that may be relevant:

1. Efforts made to select portions of the work proposed to be performed by DBEs in order to increase thelikelihood of achieving the stated goal. Selection of portions of work are required to at least equal thegoal for DBE utilization specified in this contract.

2. Written notification at least ten (10) calendar days prior to the opening of a bid soliciting DBE interestin participating in the contract as a subcontractor or supplier and for specific items of work.

3. Efforts made to obtain and negotiate with DBE firms for specific items of work:a. Description of the means by which firms were solicited (i.e. by telephone, e-mail, written notice,

advertisement).b. The names, addresses, telephone numbers of DBE's contacted, the dates of initial contact; and

whether initial solicitations of interest were followed-up by contacting the DBEs to determine withcertainty whether the DBEs were interested.

c. A description of the information provided to DBE firms regarding the plans, specifications andestimated quantities for portions of the work to be performed.

d. A statement of why additional agreements with DBE's were not reached in order to meet theprojected goal.

e. Listing of each DBE contacted but not contracted and the reasons for not entering a contract.

4. Efforts made to assist DBEs that need assistance in obtaining bonding, insurance, or lines of creditrequired by the contractor.

5. Reasons why certified DBEs are not available or not interested.

6. Efforts to effectively use the services of available disadvantaged community organizations; disadvantagedcontractor's groups; local, state and federal DBE assistance offices; and other organizations that provideassistance in recruitment and placement of DBEs.

The following are examples of actions that may not be used as justification by the contractor for failure tomeet DBE contract goals:

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1. Failure to contract with a DBE solely because the DBE was unable to provide performance and/orpayment bonds.

2. Rejection of a DBE bid or quotation based on price alone.

3. Rejection of a DBE because of its union or non-union status.

4. Failure to contract with a DBE because the contractor normally would perform all or most of the workin the contract.

Administrative reconsideration:

Within five (5) days of being informed by DelDOT that it is not responsive because it has notdocumented sufficient good faith efforts, a bidder may request administrative reconsideration. Biddershould make this request in writing to the following reconsideration official: Director of Finance,DelDOT,800 Bay Road, Dover, Delaware 19901, and Email a copy to [email protected]. Thereconsideration official will not have played any role in the original determination that the bidder did notdocument sufficient good faith efforts.

As part of this reconsideration, the bidder will have the opportunity to provide written documentation orargument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to meet in person with the reconsideration official, explaining thebasis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to doso. The final decision made by the reconsideration official will be communicated to the bidder in writing. The result of the reconsideration process is not administratively appealable to the U.S. Department ofTransportation.

* * * * *

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mailto:[email protected]


REQUIRED CONTRACT PROVISIONS - FEDERAL-AID CONSTRUCTION CONTRACTS(Exclusive of Appalachian Contracts)

FHWA-1273 -- Revised May 1, 2012 http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.docx

I. General II. NondiscriminationIII. Nonsegregated FacilitiesIV. Davis-Bacon and Related Act ProvisionsV. Contract Work Hours and Safety Standards Act ProvisionsVI. Subletting or Assigning the ContractVII. Safety: Accident PreventionVIII. False Statements Concerning Highway ProjectsIX. Implementation of Clean Air Act and Federal Water Pollution Control ActX. Compliance with Governmentwide Suspension and Debarment RequirementsXI. Certification Regarding Use of Contract Funds for Lobbying

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23(excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor)must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts(excluding purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under anypurchase order, rental agreement or agreement for other services. The prime contractor shall be responsiblefor compliance by any subcontractor, lower-tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and inlower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements andother agreements for supplies or services). The design-builder shall be responsible for compliance by anysubcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts,subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and otheragreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall applyto all work performed on the contract by the contractor's own organization and with the assistance ofworkers under the contractor's immediate superintendence and to all work performed on the contract bypiecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficientgrounds for withholding of progress payments, withholding of final payment, termination of the contract,suspension / debarment or any other action determined to be appropriate by the contracting agency andFHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor forany purpose within the limits of a construction project on a Federal-aid highway unless it is laborperformed by convicts who are on parole, supervised release, or probation. The term Federal-aid highwaydoes not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION

The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid constructioncontracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230are not applicable to material supply, engineering, or architectural service contracts.

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http://www.fhwa.dot.gov/programadmin/contracts/1273/1273.docx


In addition, the contractor and all subcontractors must comply with the following policies: Executive Order11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, asamended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulationsincluding 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clausein 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal EqualEmployment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. Thecontracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the CivilRights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFRParts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conformto the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminateand to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules,regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of theSecretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C.140 shall constitute the EEO and specific affirmative action standards for the contractor's project activitiesunder this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 etseq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In theexecution of this contract, the contractor agrees to comply with the following minimum specificrequirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it hasmade every good faith effort to provide equal opportunity with respect to all of its terms and conditionsof employment and in their review of activities under the contract.

b. The contractor will accept as its operating policy the following statement:"It is the policy of this Company to assure that applicants are employed, and that employees are treatedduring employment, without regard to their race, religion, sex, color, national origin, age or disability.Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other forms of compensation; and selection fortraining, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officerwho will have the responsibility for and must be capable of effectively administering and promoting anactive EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise,promote, and discharge employees, or who recommend such action, or who are substantially involved insuch action, will be made fully cognizant of, and will implement, the contractor's EEO policy andcontractual responsibilities to provide EEO in each grade and classification of employment. To ensure thatthe above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start ofwork and then not less often than once every six months, at which time the contractor's EEO policy andits implementation will be reviewed and explained. The meetings will be conducted by the EEOOfficer.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEOOfficer, covering all major aspects of the contractor's EEO obligations within thirty days followingtheir reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEOOfficer in the contractor's procedures for locating and hiring minorities and women.

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d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessibleto employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to implement such policy will be brought to theattention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements foremployees the notation: "An Equal Opportunity Employer." All such advertisements will be placed inpublications having a large circulation among minorities and women in the area from which the projectwork force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and directrecruitment through public and private employee referral sources likely to yield qualified minoritiesand women. To meet this requirement, the contractor will identify sources of potential minority groupemployees, and establish with such identified sources procedures whereby minority and womenapplicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hallreferrals, the contractor is expected to observe the provisions of that agreement to the extent that thesystem meets the contractor's compliance with EEO contract provisions. Where implementation of suchan agreement has the effect of discriminating against minorities or women, or obligates the contractorto do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants foremployment. Information and procedures with regard to referring such applicants will be discussedwith employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established andadministered, and personnel actions of every type, including hiring, upgrading, promotion, transfer,demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, nationalorigin, age or disability. The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to insure that working conditions and

employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to

determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether thereis evidence of discrimination. Where evidence is found, the contractor will promptly take correctiveaction. If the review indicates that the discrimination may extend beyond the actions reviewed, suchcorrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractorin connection with its obligations under this contract, will attempt to resolve such complaints, and willtake appropriate corrective action within a reasonable time. If the investigation indicates that thediscrimination may affect persons other than the complainant, such corrective action shall include suchother persons. Upon completion of each investigation, the contractor will inform every complainantof all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women whoare applicants for employment or current employees. Such efforts should be aimed at developing fulljourney level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and Stateregulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-jobtraining programs for the geographical area of contract performance. In the event a special provisionfor training is provided under this contract, this subparagraph will be superseded as indicated in thespecial provision. The contracting agency may reserve training positions for persons who receivewelfare assistance in accordance with 23 U.S.C. 140(a).

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c. The contractor will advise employees and applicants for employment of available training programsand entrance requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who areminorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractorwill use good faith efforts to obtain the cooperation of such unions to increase opportunities for minoritiesand women. Actions by the contractor, either directly or through a contractor's association acting as agent,will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint trainingprograms aimed toward qualifying more minorities and women for membership in the unions andincreasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement tothe end that such union will be contractually bound to refer applicants without regard to their race,color, religion, sex, national origin, age or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union exceptthat to the extent such information is within the exclusive possession of the labor union and such laborunion refuses to furnish such information to the contractor, the contractor shall so certify to thecontracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within thetime limit set forth in the collective bargaining agreement, the contractor will, through independentrecruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, nationalorigin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities andwomen. The failure of a union to provide sufficient referrals (even though it is obligated to provideexclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractorfrom the requirements of this paragraph. In the event the union referral practice prevents the contractorfrom meeting the obligations pursuant to Executive Order 11246, as amended, and these specialprovisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiarwith the requirements for and comply with the Americans with Disabilities Act and all rules andregulations established there under. Employers must provide reasonable accommodation in allemployment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shallnot discriminate on the grounds of race, color, religion, sex, national origin, age or disability in theselection and retention of subcontractors, including procurement of materials and leases of equipment. Thecontractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administrationof this contract.

a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEOobligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEOobligations.

10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program areincorporated by reference.

b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin,or sex in the performance of this contract. The contractor shall carry out applicable requirementsof 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by thecontractor to carry out these requirements is a material breach of this contract, which may result inthe termination of this contract or such other remedy as the contracting agency deems appropriate.

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11. Records and Reports: The contractor shall keep such records as necessary to document compliance withthe EEO requirements. Such records shall be retained for a period of three years following the date ofthe final payment to the contractor for all contract work and shall be available at reasonable times andplaces for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

(1) The number and work hours of minority and non-minority group members and womenemployed in each work classification on the project;

(2) The progress and efforts being made in cooperation with unions, when applicable, toincrease employment opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgradingminorities and women;

b. The contractors and subcontractors will submit an annual report to the contracting agency eachJuly for the duration of the project, indicating the number of minority, women, and non-minoritygroup employees currently engaged in each work classification required by the contract work.This information is to be reported on Form FHWA-1391. The staffing data should represent theproject work force on board in all or any part of the last payroll period preceding the end of July.If on-the-job training is being required by special provision, the contractor will be required tocollect and report training data. The employment data should reflect the work force on boardduring all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related constructionsubcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner thatsegregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor mayneither require such segregated use by written or oral policies nor tolerate such use by employee custom. Thecontractor's obligation extends further to ensure that its employees are not assigned to perform their servicesat any location, under the contractor's control, where the facilities are segregated. The term "facilities"includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms,locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainmentareas, transportation, and housing provided for employees. The contractor shall provide separate orsingle-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all relatedsubcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to allprojects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway.This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt.Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contractprovisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWAprogram requirements.

1. Minimum wages

a. All laborers and mechanics employed or working upon the site of the work, will be paidunconditionally and not less often than once a week, and without subsequent deduction or rebate onany account (except such payroll deductions as are permitted by regulations issued by the Secretary ofLabor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits(or cash equivalents thereof) due at time of payment computed at rates not less than those containedin the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the contractor andsuch laborers and mechanics.

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http://www.fhwa.dot.gov/eforms/


Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborersor mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributionsmade or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively madeor incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wagerate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performingwork in more than one classification may be compensated at the rate specified for each classificationfor the time actually worked therein: Provided, That the employer's payroll records accurately set forththe time spent in each classification in which work is performed. The wage determination (includingany additional classification and wage rates conformed under paragraph 1.b. of this section) and theDavis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors atthe site of the work in a prominent and accessible place where it can be easily seen by the workers.

b. (1)The contracting officer shall require that any class of laborers or mechanics, including helpers,which is not listed in the wage determination and which is to be employed under the contract shallbe classified in conformance with the wage determination. The contracting officer shall approve anadditional classification and wage rate and fringe benefits therefore only when the following criteriahave been met:

(i) The work to be performed by the classification requested is not performed by a classificationin the wage determination; and

(ii) The classification is utilized in the area by the construction industry; and

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonablerelationship to the wage rates contained in the wage determination.

(2)If the contractor and the laborers and mechanics to be employed in the classification (if known), ortheir representatives, and the contracting officer agree on the classification and wage rate (includingthe amount designated for fringe benefits where appropriate), a report of the action taken shall besent by the contracting officer to the Administrator of the Wage and Hour Division, EmploymentStandards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator,or an authorized representative, will approve, modify, or disapprove every additional classificationaction within 30 days of receipt and so advise the contracting officer or will notify the contractingofficer within the 30-day period that additional time is necessary.

(3)In the event the contractor, the laborers or mechanics to be employed in the classification or theirrepresentatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate), the contracting officershall refer the questions, including the views of all interested parties and the recommendation of thecontracting officer, to the Wage and Hour Administrator for determination. The Wage and HourAdministrator, or an authorized representative, will issue a determination within 30 days of receiptand so advise the contracting officer or will notify the contracting officer within the 30-day periodthat additional time is necessary.

(4)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classificationunder this contract from the first day on which work is performed in the classification.

c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanicsincludes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay thebenefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourlycash equivalent thereof.

d. If the contractor does not make payments to a trustee or other third person, the contractor may consideras part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated inproviding bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor hasfound, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Acthave been met. The Secretary of Labor may require the contractor to set aside in a separate accountassets for the meeting of obligations under the plan or program.

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2. Withholding

The contracting agency shall upon its own action or upon written request of an authorized representativeof the Department of Labor, withhold or cause to be withheld from the contractor under this contract, orany other Federal contract with the same prime contractor, or any other federally-assisted contract subjectto Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of theaccrued payments or advances as may be considered necessary to pay laborers and mechanics, includingapprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount ofwages required by the contract. In the event of failure to pay any laborer or mechanic, including anyapprentice, trainee, or helper, employed or working on the site of the work, all or part of the wagesrequired by the contract, the contracting agency may, after written notice to the contractor, take such actionas may be necessary to cause the suspension of any further payment, advance, or guarantee of funds untilsuch violations have ceased.

3. Payrolls and basic records

a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course ofthe work and preserved for a period of three years thereafter for all laborers and mechanics workingat the site of the work. Such records shall contain the name, address, and social security number of eachsuch worker, his or her correct classification, hourly rates of wages paid (including rates ofcontributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the typesdescribed in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonablyanticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of theDavis-Bacon Act, the contractor shall maintain records which show that the commitment to providesuch benefits is enforceable, that the plan or program is financially responsible, and that the plan orprogram has been communicated in writing to the laborers or mechanics affected, and records whichshow the costs anticipated or the actual cost incurred in providing such benefits. Contractors employingapprentices or trainees under approved programs shall maintain written evidence of the registration ofapprenticeship programs and certification of trainee programs, the registration of the apprentices andtrainees, and the ratios and wage rates prescribed in the applicable programs.

b. (1)The contractor shall submit weekly for each week in which any contract work is performed a copyof all payrolls to the contracting agency. The payrolls submitted shall set out accurately andcompletely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except thatfull social security numbers and home addresses shall not be included on weekly transmittals.Instead the payrolls shall only need to include an individually identifying number for each employee( e.g. , the last four digits of the employee's social security number). The required weekly payrollinformation may be submitted in any form desired. Optional Form WH–347 is available for thisp u r p o s e f r o m t h e W a g e a n d H o u r D i v i s i o n W e b s i t e a thttp://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor isresponsible for the submission of copies of payrolls by all subcontractors. Contractors andsubcontractors shall maintain the full social security number and current address of each coveredworker, and shall provide them upon request to the contracting agency for transmission to the StateDOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of aninvestigation or audit of compliance with prevailing wage requirements. It is not a violation of thissection for a prime contractor to require a subcontractor to provide addresses and social securitynumbers to the prime contractor for its own records, without weekly submission to the contractingagency.

(2)Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by thecontractor or subcontractor or his or her agent who pays or supervises the payment of the personsemployed under the contract and shall certify the following:

(i) That the payroll for the payroll period contains the information required to be provided under§5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is beingmaintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information iscorrect and complete;

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(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed onthe contract during the payroll period has been paid the full weekly wages earned, withoutrebate, either directly or indirectly, and that no deductions have been made either directly orindirectly from the full wages earned, other than permissible deductions as set forth inRegulations, 29 CFR part 3;

(iii)That each laborer or mechanic has been paid not less than the applicable wage rates andfringe benefits or cash equivalents for the classification of work performed, as specified inthe applicable wage determination incorporated into the contract.

(3)The weekly submission of a properly executed certification set forth on the reverse side of OptionalForm WH–347 shall satisfy the requirement for submission of the “Statement of Compliance”required by paragraph 3.b.(2) of this section.

(4)The falsification of any of the above certifications may subject the contractor or subcontractor tocivil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the UnitedStates Code.

c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this sectionavailable for inspection, copying, or transcription by authorized representatives of the contractingagency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representativesto interview employees during working hours on the job. If the contractor or subcontractor fails tosubmit the required records or to make them available, the FHWA may, after written notice to thecontractor, the contracting agency or the State DOT, take such action as may be necessary to cause thesuspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit therequired records upon request or to make such records available may be grounds for debarment actionpursuant to 29 CFR 5.12.

4. Apprentices and trainees

a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performedwhen they are employed pursuant to and individually registered in a bona fide apprenticeship programregistered with the U.S. Department of Labor, Employment and Training Administration, Office ofApprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agencyrecognized by the Office, or if a person is employed in his or her first 90 days of probationaryemployment as an apprentice in such an apprenticeship program, who is not individually registered inthe program, but who has been certified by the Office of Apprenticeship Training, Employer and LaborServices or a State Apprenticeship Agency (where appropriate) to be eligible for probationaryemployment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not begreater than the ratio permitted to the contractor as to the entire work force under the registeredprogram. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwiseemployed as stated above, shall be paid not less than the applicable wage rate on the wagedetermination for the classification of work actually performed. In addition, any apprentice performingwork on the job site in excess of the ratio permitted under the registered program shall be paid not lessthan the applicable wage rate on the wage determination for the work actually performed. Where acontractor is performing construction on a project in a locality other than that in which its program isregistered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for theapprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in theapplicable wage determination. Apprentices shall be paid fringe benefits in accordance with theprovisions of the apprenticeship program. If the apprenticeship program does not specify fringebenefits, apprentices must be paid the full amount of fringe benefits listed on the wage determinationfor the applicable classification. If the Administrator determines that a different practice prevails forthe applicable apprentice classification, fringes shall be paid in accordance with that determination.

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In the event the Office of Apprenticeship Training, Employer and Labor Services, or a StateApprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, thecontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined ratefor the work performed until an acceptable program is approved.

b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than thepredetermined rate for the work performed unless they are employed pursuant to and individuallyregistered in a program which has received prior approval, evidenced by formal certification by theU.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the planapproved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee'slevel of progress, expressed as a percentage of the journeyman hourly rate specified in the applicablewage determination. Trainees shall be paid fringe benefits in accordance with the provisions of thetrainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the fullamount of fringe benefits listed on the wage determination unless the Administrator of the Wage andHour Division determines that there is an apprenticeship program associated with the correspondingjourneyman wage rate on the wage determination which provides for less than full fringe benefits forapprentices. Any employee listed on the payroll at a trainee rate who is not registered and participatingin a training plan approved by the Employment and Training Administration shall be paid not less thanthe applicable wage rate on the wage determination for the classification of work actually performed.In addition, any trainee performing work on the job site in excess of the ratio permitted under theregistered program shall be paid not less than the applicable wage rate on the wage determination forthe work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predeterminedrate for the work performed until an acceptable program is approved.

c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this partshall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended, and 29 CFR part 30.

d. Apprentices and Trainees (programs of the U.S. DOT).Apprentices and trainees working under apprenticeship and skill training programs which have beencertified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highwayconstruction programs are not subject to the requirements of paragraph 4 of this Section IV. Thestraight time hourly wage rates for apprentices and trainees under such programs will be establishedby the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater thanpermitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and alsorequire the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The primecontractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor withall the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds fortermination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR5.12.

8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of theDavis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by referencein this contract.

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9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contractshall not be subject to the general disputes clause of this contract. Such disputes shall be resolved inaccordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputeswithin the meaning of this clause include disputes between the contractor (or any of its subcontractors)and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.

a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person orfirm who has an interest in the contractor's firm is a person or firm ineligible to be awardedGovernment contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this contract shall be subcontracted to any person or firm ineligible for award of aGovernment contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 andsubject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shallbe inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph,the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work whichmay require or involve the employment of laborers or mechanics shall require or permit any such laboreror mechanic in any workweek in which he or she is employed on such work to work in excess of fortyhours in such workweek unless such laborer or mechanic receives compensation at a rate not less than oneand one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause setforth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall beliable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the UnitedStates (in the case of work done under contract for the District of Columbia or a territory, to such Districtor to such territory), for liquidated damages. Such liquidated damages shall be computed with respect toeach individual laborer or mechanic, including watchmen and guards, employed in violation of the clauseset forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individualwas required or permitted to work in excess of the standard workweek of forty hours without payment ofthe overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall uponits own action or upon written request of an authorized representative of the Department of Labor withholdor cause to be withheld, from any moneys payable on account of work performed by the contractor orsubcontractor under any such contract or any other Federal contract with the same prime contractor, or anyother federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which isheld by the same prime contractor, such sums as may be determined to be necessary to satisfy anyliabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in theclause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth inparagraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include theseclauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by anysubcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of thissection.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price,

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excluding any specialty items designated by the contracting agency. Specialty items may be performedby subcontract and the amount of any such specialty items performed may be deducted from the totaloriginal contract price before computing the amount of work required to be performed by the contractor'sown organization (23 CFR 635.116).

a. The term “perform work with its own organization” refers to workers employed or leased by the primecontractor, and equipment owned or rented by the prime contractor, with or without operators. Suchterm does not include employees or equipment of a subcontractor or lower tier subcontractor, agentsof the prime contractor, or any other assignees. The term may include payments for the costs of hiringleased employees from an employee leasing firm meeting all relevant Federal and State regulatoryrequirements. Leased employees may only be included in this term if the prime contractor meets all ofthe following conditions:

(1) the prime contractor maintains control over the supervision of the day-to-day activities of theleased employees;

(2) the prime contractor remains responsible for the quality of the work of the leased employees;

(3) the prime contractor retains all power to accept or exclude individual employees from work onthe project; and

(4) the prime contractor remains ultimately responsible for the payment of predetermined minimumwages, the submission of payrolls, statements of compliance and all other Federal regulatoryrequirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge,abilities, or equipment not ordinarily available in the type of contracting organizations qualified andexpected to bid or propose on the contract as a whole and in general are to be limited to minorcomponents of the overall contract.

2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computedincludes the cost of material and manufactured products which are to be purchased or produced by thecontractor under the contract provisions.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm,has full authority to direct performance of the work in accordance with the contract requirements, and isin charge of all construction operations (regardless of who performs the work) and (b) such other of itsown organizational resources (supervision, management, and engineering services) as the contractingofficer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the writtenconsent of the contracting officer, or authorized representative, and such consent when given shall not beconstrued to relieve the contractor of any responsibility for the fulfillment of the contract. Written consentwill be given only after the contracting agency has assured that each subcontract is evidenced in writingand that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts;however, contracting agencies may establish their own self-performance requirements.

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and locallaws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards,safety devices and protective equipment and take any other needed actions as it determines, or as thecontracting officer may determine, to be reasonably necessary to protect the life and health of employeeson the job and the safety of the public and to protect property in connection with the performance of thework covered by the contract.

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2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractorenters into pursuant to this contract, that the contractor and any subcontractor shall not permit anyemployee, in performance of the contract, to work in surroundings or under conditions which areunsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety andhealth standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorizedrepresentative thereof, shall have right of entry to any site of contract performance to inspect or investigatethe matter of compliance with the construction safety and health standards and to carry out the duties ofthe Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specificationsand a high degree of reliability on statements and representations made by engineers, contractors, suppliers,and workers on Federal-aid highway projects, it is essential that all persons concerned with the projectperform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, ormisrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent anymisunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted oneach Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to allpersons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or

whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, falserepresentation, or false report as to the character, quality, quantity, or cost of the material used or to beused, or the quantity or quality of the work performed or to be performed, or the cost thereof in connectionwith the submission of plans, maps, specifications, contracts, or costs of construction on any highway orrelated project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false representation, false report or false claim withrespect to the character, quality, quantity, or cost of any work performed or to be performed, or materialsfurnished or to be furnished, in connection with the construction of any highway or related projectapproved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false representation as to material fact in any statement,certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916,(39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTIONCONTROL ACTIX. IMPLEMENTATION OF CLEAN AIR & WATER POLLUTION CONTROL ACTThis provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder,proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to havestipulated as follows:

1. That any person who is or will be utilized in the performance of this contract is not prohibited fromreceiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the CleanAir Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of thisSection X in every subcontract, and further agrees to take such action as the contracting agency may directas a means of enforcing such requirements.

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X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY ANDVOLUNTARY EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts,lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other coveredtransaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts180 and 1200.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing thecertification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denialof participation in this covered transaction. The prospective first tier participant shall submit anexplanation of why it cannot provide the certification set out below. The certification or explanationwill be considered in connection with the department or agency's determination whether to enter intothis transaction. However, failure of the prospective first tier participant to furnish a certification or anexplanation shall disqualify such a person from participation in this transaction.

c. The certification in this clause is a material representation of fact upon which reliance was placed whenthe contracting agency determined to enter into this transaction. If it is later determined that theprospective participant knowingly rendered an erroneous certification, in addition to other remediesavailable to the Federal Government, the contracting agency may terminate this transaction for causeof default.

d. The prospective first tier participant shall provide immediate written notice to the contracting agencyto whom this proposal is submitted if any time the prospective first tier participant learns that itscertification was erroneous when submitted or has become erroneous by reason of changedcircumstances.

e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person,""principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200.“First Tier Covered Transactions” refers to any covered transaction between a grantee or subgranteeof Federal funds and a participant (such as the prime or general contract). “Lower Tier CoveredTransactions” refers to any covered transaction under a First Tier Covered Transaction (such assubcontracts). “First Tier Participant” refers to the participant who has entered into a coveredtransaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor).“Lower Tier Participant” refers any participant who has entered into a covered transaction with a FirstTier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

f. The prospective first tier participant agrees by submitting this proposal that, should the proposedcovered transaction be entered into, it shall not knowingly enter into any lower tier covered transactionwith a person who is debarred, suspended, declared ineligible, or voluntarily excluded fromparticipation in this covered transaction, unless authorized by the department or agency entering intothis transaction.

g. The prospective first tier participant further agrees by submitting this proposal that it will include theclause titled "Certification Regarding Debarment, Suspension, Ineligibility and VoluntaryExclusion-Lower Tier Covered Transactions," provided by the department or contracting agency,entering into this covered transaction, without modification, in all lower tier covered transactions andin all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in alower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded fromthe covered transaction, unless it knows that the certification is erroneous. A participant is responsiblefor ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate incovered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tierprospective participants, each participant may, but is not required to, check the Excluded Parties ListSystem website (https://www.epls.gov/), which is compiled by the General Services Administration.

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https://www.epls.gov/


i. Nothing contained in the foregoing shall be construed to require the establishment of a system of recordsin order to render in good faith the certification required by this clause. The knowledge and informationof the prospective participant is not required to exceed that which is normally possessed by a prudentperson in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a coveredtransaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to otherremedies available to the Federal Government, the department or agency may terminate this transactionfor cause or default.

* * * * *2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier

Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and itsprincipals:

(1)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarilyexcluded from participating in covered transactions by any Federal department or agency;

(2)Have not within a three-year period preceding this proposal been convicted of or had a civiljudgment rendered against them for commission of fraud or a criminal offense in connection withobtaining, attempting to obtain, or performing a public (Federal, State or local) transaction orcontract under a public transaction; violation of Federal or State antitrust statutes or commission ofembezzlement, theft, forgery, bribery, falsification or destruction of records, making falsestatements, or receiving stolen property;

(3)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) ofthis certification; and

(4)Have not within a three-year period preceding this application/proposal had one or more publictransactions (Federal, State or local) terminated for cause or default.

b. Where the prospective participant is unable to certify to any of the statements in this certification, suchprospective participant shall attach an explanation to this proposal.

2. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWAapproval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)

a. By signing and submitting this proposal, the prospective lower tier is providing the certification set outbelow.

b. The certification in this clause is a material representation of fact upon which reliance was placed whenthis transaction was entered into. If it is later determined that the prospective lower tier participantknowingly rendered an erroneous certification, in addition to other remedies available to the FederalGovernment, the department, or agency with which this transaction originated may pursue availableremedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to whichthis proposal is submitted if at any time the prospective lower tier participant learns that its certificationwas erroneous by reason of changed circumstances.

d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person,""principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200.You may contact the person to which this proposal is submitted for assistance in obtaining a copy ofthose regulations. “First Tier Covered Transactions” refers to any covered transaction between agrantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “LowerTier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction

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(such as subcontracts). “First Tier Participant” refers to the participant who has entered into a coveredtransaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor).“Lower Tier Participant” refers any participant who has entered into a covered transaction with a FirstTier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by submitting this proposal that, should the proposedcovered transaction be entered into, it shall not knowingly enter into any lower tier covered transactionwith a person who is debarred, suspended, declared ineligible, or voluntarily excluded fromparticipation in this covered transaction, unless authorized by the department or agency with which thistransaction originated.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include thisclause titled "Certification Regarding Debarment, Suspension, Ineligibility and VoluntaryExclusion-Lower Tier Covered Transaction," without modification, in all lower tier coveredtransactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in alower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded fromthe covered transaction, unless it knows that the certification is erroneous. A participant is responsiblefor ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate incovered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tierprospective participants, each participant may, but is not required to, check the Excluded Parties ListSystem website (https://www.epls.gov/), which is compiled by the General Services Administration.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of recordsin order to render in good faith the certification required by this clause. The knowledge and informationof participant is not required to exceed that which is normally possessed by a prudent person in theordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a coveredtransaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to otherremedies available to the Federal Government, the department or agency with which this transactionoriginated may pursue available remedies, including suspension and/or debarment.

* * * * *

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower TierParticipants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor itsprincipals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarilyexcluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in thiscertification, such prospective participant shall attach an explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts whichexceed $100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his orher knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, toany person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congressin connection with the awarding of any Federal contract, the making of any Federal grant, the makingof any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

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https://www.epls.gov/


b. If any funds other than Federal appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any Federal agency, a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connectionwith this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete andsubmit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with itsinstructions.

2. This certification is a material representation of fact upon which reliance was placed when this transactionwas made or entered into. Submission of this certification is a prerequisite for making or entering into thistransaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall besubject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall requirethat the language of this certification be included in all lower tier subcontracts, which exceed $100,000and that all such recipients shall certify and disclose accordingly.

* * * * *

CARGO PREFERENCE ACTRequirements in the Federal-aid Highway Program (a) Agreement Clauses. “Use of United States-flag vessels:

(1) Pursuant to Pub. L. 664 (43 U.S.C. 1241(b)) at least 50 percent of any equipment, materials orcommodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, oradvanced by the U.S. Government under this agreement, and which may be transported by ocean vessel,shall be transported on privately owned United States-flag commercial vessels, if available.

(2) Within 20 days following the date of loading for shipments originating within the United States orwithin 30 working days following the date of loading for shipments originating outside the United States,a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargodescribed in paragraph (a)(1) of this section shall be furnished to both the Contracting Officer (throughthe prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo,Office of Market Development, Maritime Administration, Washington, DC 20590.

(b) Contractor and Subcontractor Clauses. “Use of United States-flag vessels: The contractor agrees—

(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the grosstonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenevershipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels areavailable at fair and reasonable rates for United States-flag commercial vessels.

(2) To furnish within 20 days following the date of loading for shipments originating within the UnitedStates or within 30 working days following the date of loading for shipments originating outside theUnited States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for eachshipment of cargo described in paragraph (b) (1) of this section to both the Contracting Officer (throughthe prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo,Office of Market Development, Maritime Administration, Washington, DC 20590.

(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to thiscontract.

NOTE:This requirement applies to material or equipment that is acquired for a specific Federal-aid highwayproject. It is not applicable to goods or materials that come into inventories independent of an FHWAfunded-contract.

* * * * *

BUY AMERICARequirements in the Federal-aid Highway Program

By signing and submitting this proposal, the bidder certifies that:

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In accordance with 23 U.S.C, 313 and 23 CFR 635.410, all iron and steel materials permanently incorporatedinto this project will be produced in the United States and that all manufacturing processes involving thesematerials will occur in the U.S, except that a minimal amount of foreign steel or iron materials may be used,provided the cost of the foreign materials does not exceed 0.1 percent of the total Contract cost or $2,500.00,whichever is greater. If such minimal amount of foreign steel is used, the Contractor shall maintain a recordof the costs to ensure that the allowable limit is not exceeded. This documentation shall be presented to theDepartment upon request.

At the Department's request, I/we will provide manufacturer's/supplier's documentation verifying domesticorigin as defined in the Specifications. All Materials accepted on the basis of such Certificate of Compliancemay be sampled by the Department and tested at any time. Use of Material on the basis of Certificate ofCompliance shall not relieve the Contractor of responsibility for incorporating Material in the Projectconforming to the requirements of the Contract. Any Material not conforming to such requirements will besubject to rejection whether in place or not. The Department reserves the right to refuse to permit the use ofMaterial on the basis of Certificate of Compliance.

* * * * *

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APPENDICES TO THE TITLE VI ASSURANCE

APPENDIX A

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest(hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts

and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Departmentof Transportation, (Federal Highway Administration (FHWA), or Federal Transit Authority (FTA ), asthey may be amended from time to time, which are herein incorporated by reference and made a part ofthis contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will notdiscriminate on the grounds of race, color, or national origin in the selection and retention ofsubcontractors, including procurements of materials and leases of equipment. The contractor will notparticipate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, includingemployment practices when the contract covers any activity, project, or program set forth in Appendix Bof 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,

either by competitive bidding, or negotiation made by the contractor for work to be performed under asubcontract, including procurements of materials, or leases of equipment, each potential subcontractor orsupplier will be notified by the contractor of the contractor's obligations under this contract and the Actsand the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide all information and reports required by the Acts and

the Regulations, and will permit access to its books, records, accounts, other sources of information, andits facilities as may be determined by the Recipient or the Federal Highway Administration (FHWA), orFederal Transit Authority (FTA) to be pertinent to ascertain compliance with such Acts, Regulations,and instructions. Where any information required of a contractor is in the exclusive possession of anotherwho fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FederalHighway Administration (FHWA), or Federal Transit Authority (FTA), as appropriate, and will set forthwhat efforts ithas made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discriminationprovisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration (FHWA), or Federal Transit Authority (FTA) may determine to be appropriate, including,but not limited to:

withholding payments to the contractor under the contract until the contractor complies;and/or cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through five inevery subcontract, including procurements of materials and leases of equipment, unless exempt by the Actsand the Regulations . The contractor will take action with respect to any subcontract or procurement asthe Recipient or the Federal Highway Administration (FHWA), or Federal Transit Authority (FTA) maydirect as a means of enforcing such provisions including sanctions for noncompliance. Provided, that ifthe contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier becauseof such direction, the contractor may request the Recipient to enter into any litigation to protect theinterests of the Recipient. In addition, the contractor may request the United States to enter into thelitigation to protect the interests of the United States.

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APPENDIX E During the performance of this contract, the contractor or consultant, for itself, its assignees, and successorsin interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscriminationstatutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. $ 2000d et seq., 78 stat. 252), (prohibits discriminationon the basis of race, color, national origin); and 49 CFR Part 21.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C. $ 460I), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federalor Federal-aid programs and projects);

Federal-Aid Highway Act of 1973, (23 U.S.C. $ 324 et seq.), (prohibits discrimination on the basis ofsex);

Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. $ 794 et seq.), as amended, (prohibitsdiscrimination on the basis of disability); and 49 CFR Part27;

The Age Discrimination Act of 1975, as amended, (42 U.S.C. $ 6101 et seq.), (prohibits discriminationon the basis of age);

Airport and Airway Improvement Act of 1982,(49 USC $471, Section 47123), as amended, (prohibitsdiscrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987,(PL 100-209), (Broadened the scope, coverage and applicabilityof Title VI of the Civil Rights Act of l964,The AgeDiscrimination Act of 1975and Section 504 of theRehabilitation Act of l973,by expanding the defrnition of the terms "programs or activities" to include allof the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether suchprograms or activities are Federally funded or not);

Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis ofdisability in the operation of public entities, public and private transportation systems, places of publicaccommodation, and certain testing entities (42 U.S.C. $$ 12131 - 12189) as implemented by Departmentof Transportation regulations at 49 C.F.R. parts 37 and 38;

The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. S 41123) (prohibitsdiscrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations andLow-Income Populations, which ensures nondiscrimination against minority populations by discouragingprograms; policies, and activities with disproportionately high and adverse human health or environmentaleffects on minority and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, andresulting agency guidance, national origin discrimination includes discrimination because of limitedEnglish proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensurethat LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminatingbecause of sex in education programs or activities (20 U.S.C. 1681 et seq).

* * * * *

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PROJECT NOTES

34

PROJECT NOTES

INTENT:

It is the intent of this contract to provide for the transportation, service and repair of the Woodland Ferry.

GENERAL:

The following clauses relate to the transportation, service and repair of the Woodland Ferry.

Whenever the word “Contractor” is used, it shall refer to the person or persons, company or corporation

furnishing the services required.

Whenever the word “Department” is used, it shall refer to the State of Delaware, Department of Transportation.

In case of failure on the part of the Contractor to comply with the terms of the contract, Maintenance and

Operations may proceed to take appropriate action in accordance with the provisions of the Contract Agreement

contained herein.

SPECIFICATIONS:

The Specifications entitled “Delaware Standard Specifications, August 2016,” hereafter referred to as the

Standard Specifications and the Special Provisions contained herein, shall govern the work to be performed

under this contract.

The Special Provisions represent modifications and revisions to the Standard Specifications and whenever the

Special Provisions differ from the Standard Specifications, these Special Provisions shall govern.

DURATION OF CONTRACT:

The duration of this contract is ninety (90) Calendar Days. Contract Time will start within ten (10) Calendar

Days after the Notice to Proceed is issued per Standard Specification Section 108.02.

ORIENTATION:

The vessel, being out of its natural point of reference and having an undefined bow and stern, shall be

referenced as follows. When standing on the deck and facing the pilot house, the boarding side to the left shall

be known as the Woodland end and the boarding side to the right shall be known as the Bethel end. The upriver

side of the vessel corresponds with the pilot house.

LOCATION OF WORK:

All work shall be completed off site at a location suitable for implementation of the items outlined in this

contract. The ferry is currently located in its slip located in the Nanticoke River, Seaford, Delaware. Its

coordinates are as follows; N38 ̊ 36’ 0.4098”, W75 ̊ 39’ 26.1252” (38.6001, -75.6572).


35

CONTRACTOR’S RESPONSIBILITY:

The Contractor shall be responsible for transporting the vessel off site. It will be necessary for the Contractor to

provide the Department with evidence that sufficient insurance coverage is available to compensate the

Department for any loss or damage before transporting the ferry.

The Woodland Ferry is listed as a Subchapter “T” small passenger ferry by the United States Coast Guard. The

Contractor is responsible for obtaining Coast Guard approval when required.

It is the Contractor’s responsibility to contact the United States Coast Guard (Lewes, DE station) at (302) 644-

1909 and arrange for the vessel to be inspected before placing it back into the water.

The Contractor shall be responsible for all permits, licenses, and fees, as stated in Section 107.02 of the

Standard Specifications and the Special Provisions.

LIABILITY:

Certificate of insurance and/or copies of insurance policies for the following:

1. As a part of the contract requirements, the contractor must obtain at its own cost and expense and

keep in force and effect during the term of this contract, including all extensions, the minimum

coverage limits specified below with a carrier satisfactory to the State. All contractors must carry the

following coverage depending on the type of service or product being delivered.

a. Comprehensive General Liability - $1,000,000.00 per person/3,000,000.00 per occurrence.

b. Medical/Professional Liability - $1,000,000.00 per person/3,000,000.00 per occurrence.

c. Miscellaneous Errors and Omissions - $1,000,000.00 per person/$3,000,000.00 per occurrence.

d. Product Liability - $1,000,000.00 per person/3,000,000.00 per occurrence.

e. Automotive Liability Insurance covering all automotive units used in the workwith limits of not less than $100,000 each person and $300,000 each accident as tobodily injury and $25,000 as to property damage to others.

2. Forty-five (45) days written notice of cancellation or material change of any policies is required.


State of Delaware

Department Of Transportation 800 Bay Rd.

DOVER, DE 19903

FAX: 302-739-2254

Note: The State of Delaware shall not be named as an additional insured.


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PRICES QUOTED:

The prices quoted are that for which the services will be furnished and shall include all charges that may be

imposed during the life of the contract.

BASIS OF AWARD:

Award of this contract shall be based on the acceptable low bid submitted. The Department reserves the right to

reject any or all bids beyond the limits of the estimated cost of the maintenance contained in this proposal.

ACCEPTANCE:

Prior to acceptance of work, the Department shall install and operate the ferry under normal conditions in the

presence of the Contractor.

BASIS OF PAYMENT:

Each individual item will be paid based on the actual used quantity, and after inspection by the

Department. Price and payment will constitute full compensation for transportation, furnishing all materials,

performing work and/or repairs and for all labor, equipment, tools and incidentals required to complete the item.

If there is any question as to what incidentals shall be included in the bid item pricing, a Request For

Information (RFI) shall be made prior to the bid opening. All RFI requests are to be submitted to

[email protected]. Thirty (30) day Progress Payments may be made upon request and at the discretion of

the Department Engineer or his representative based on an Approved Schedule of values submitted by the

Contractor per Standard Specification Section 108.04. All items paid by quantity shall be based on the actual

work completed.

I. WARRANTY:

The Contractor shall extend to the Department a policy guarantee on parts, equipment, and services,

against defective material and workmanship for a period of two (2) years from the date of acceptance of the

vessel. Any item which is normally covered by the warranty policy but is determined to have been damaged

through misuse or operator neglect will be exempt from coverage. In cases where items that are excluded from

coverage under this warranty policy but are covered by a manufacturer’s policy, the manufacturer’s policy will

be provided to the Department.

1. Warranty period shall begin after all work has been completed, and the vessel has been returned to

Woodland, DE, been inspected by Department personnel and found to be totally in compliance with the

terms, conditions and specifications of this contract, and accepted.

2. If any part of the vessel is normally covered by a warranty policy for more than two (2) years, the full

period of warranty policy will be provided to the Department.

3. When warranty work is required, the Department will notify the Contractor and/or their designated

maintenance facility. All warranty work shall be performed in the Department’s district facility to

which the vessel is assigned, at no additional cost to the Department, unless the nature of the work

dictates the use of a specialized facility. In such cases, the Contractor will provide all necessary

transportation both to and from the specialized facility. No payment will be made for such

transportation.


37

4. The Contractor shall comply with the manufacturer’s warranty or authorize a qualified dealer in the

locality in which the vessel is assigned to do whatever is required to comply with the manufacturer’s

warranty without cost to the Department.

5. Upon notification that warranty work is required, the Contractor will be required to begin necessary

repairs and/or adjustment within three (3) working days. The necessary work will be accomplished as

expeditiously as possible, however, in no case shall it exceed the authorized time standard established by

the manufacturer plus an additional three (3) working days for scheduling, unless parts are required. If

parts are required, ten (10) working days, in addition to the time indicated above, will be allowed for

their procurement. If the Department agrees to additional time for warranty work, it must be

documented prior to the occurrence.

II. TRANSPORTATION:

It is the responsibility of the Contractor to possess and transport the Woodland Ferry using any means

available to them. Note that the Department will have the guide cable disconnected from the vessel at the time

of possession by the Contractor, and will subsequently reconnect the guide cable once the Department reclaims

possession over the vessel.

III. SCOPE OF WORK:

All workmanship is to be to the highest marine standards. All materials are to be new and unused. Departures

from this specification are to be brought to the attention of the Department representative and must be

preapproved by the Department. All replacement parts shall be in kind or approved by the Department prior to

being installed.

A. Engine Replacement

1. Replace existing engine with John Deere remanufactured long block engine (see engine

details below). This item shall also include replacement of all belts, thermostats, injectors,

injector harness, vibration damper, oil cooler, water pump, all hoses, fuel filters, oil filter,

flywheel bolts, seals, oil, and antifreeze.

2. Replace serpentine belt and idler pulleys.

3. Replace engine starter and alternator. Supply existing to the Department.

4. Rebuild the transmission gear box.

5. Rebuild hydrostats bolted on the gear box.

6. Replace turbo.

Engine Details:

Make: John Deere

Model: 6081AFM75 8.1L

Serial No.: RG6081A299028

All engine work shall be done by an authorized John Deere Dealer


38

B. Engine Compartment

1. Replace battery with covers.

2. Replace electric bilge pump.

3. Replace four (4) multifunction valves.

4. Replace four (4) hydraulic shut off valves for thrusters.

5. Rebuild existing shut off valves to be used as spares and supply to the Department upon

completion.

6. Drain diesel fuel tank.

7. Clean and flush all hydraulic tanks.

8. Coordinate Department inspection of all drained tanks, including diesel and hydraulic tanks.

9. Clean diesel fuel tank.

10. Replace all hydraulic hoses and sleeves.

11. Repair leaking manifold valve by coolant circulator pump (See Photos 2 and 3).

12. Repair leaking manifold above thruster hydraulic tank (See Photo 7).

13. Replace leaking hydraulic pipe on upriver thruster, below valve (See Photo 1).

14. Redesign and install spout on thruster hydraulic tank to be used for filling (See Photo 4).

15. Redesign hydraulic hose and/or bracket support for ramp hydraulic tank, suction side (See

Photo 5).

16. Replace fluid in all hydraulic tanks/systems.

17. Supply fuel for new engine testing.

C. Sheave Compartment

1. Replace all hoses and sleeves.

2. Replace flow divider.

3. Replace cable take up cylinders.

4. Rebuild existing cable take up cylinders and supply to the Department upon completion.

5. Replace European line bushings.

6. Remanufacture existing line bushings for spares and supply to the Department.

D. Ramps

1. Design and install support bracket for hydraulic pipes on ramp coolant system (See Photo 6).

2. Replace all hoses and sleeves to four (4) ramp cylinders.

3. Replace two (2) ramp cylinders on the Woodland end (See Photos 8 and 9).

4. Redesign and replace all grease lines and fittings to allow for routine maintenance.

5. Grease all ramp hinges.

6. Replace two (2) steel rub plates (20’-00” x 1’-11” x 5/8”) on underside of ramps.

E. Deck, Superstructure, and Miscellaneous

1. Replace all fairleads and supply existing to the Department.


39

2. Replace all hatch seals with water tight seals. Seals shall be verified with hose test to ensure

that no water penetrates into the respective compartments.

3. Replace two (2) cable idler pulleys and supply existing to the Department.

4. Grease all fittings for idler pulleys.

5. Replace all keel cooler anodes.

6. Install 1” anti-rain drip strip over two (2) pilot house doors.

7. Install dash-mounted, lever style, throttle control (must be compatible with existing throttle

system). Existing throttle control system shall remain fully functional.

8. Furnish and install new dual zone HVAC (heating and cooling) system to replace existing

system in the deckhand quarters and the pilot house. Proposed system must have separate

climate controls for the two rooms, and must meet or exceed existing system capacity for

both heating and cooling.

9. Install permanent metal day shapes to conform to USCG and all other marine regulations.

10. Design and install navigation light system to allow for night time operation. Proposed system

shall meet USCG and all other marine regulations for night time operation, and shall include

all materials and incidentals necessary for a fully functional system. System must be

designed for bi-directional navigation. Lights shall be furnished by the Department.

11. Furnish and deliver two (2) spools (1,150 ft long each) of 1.125” diameter, 6x26 WS IWRC

wire rope (EIPS grade) rated for no less than 130,000 lbs breaking load. Delivery shall be to

24450 Lewes-Georgetown Hwy, Georgetown, DE 19947.

F. Cleaning, Painting and Coating

1. Design and utilize dry docking plan, including block placement, to be used in cleaning and

painting vessel hull. One hardcopy and one electronic copy to be delivered to the Department

for future use.

2. Light pressure cleaning for surface preparation. Light pressure cleaning shall conform to WJ-

4 specification to remove rust, oil, grease, dirt, loose mill scale and loose coating. All areas

utilizing this item shall be reviewed and approved by the Department prior to work.

3. High pressure cleaning to bare substrate. High pressure cleaning shall conform to WJ-1

specification to remove rust, oil, grease, dirt, mill scale, and previous coatings. All areas

utilizing this item shall be reviewed and approved by the Department prior to work.

4. Rust removal and cleaning for interior spaces. This item shall conform to WJ-4 specification

to remove rust, oil, grease, dirt, loose mill scale and loose coating. This item is to be used in

places where pressure cleaning is not ideal. All areas utilizing this item shall be reviewed and

approved by the Department prior to work.

5. Prime and paint interior voids and engine room with Sherwin Williams SeaGuard 6000

Marine Epoxy or approved alternative.

6. Prime and paint exterior hull above water line, non-vehicle portion of deck, and undersides of

ramps with Sherwin Williams SeaGuard 6000 Marine Epoxy (intermediate coat) and

Sherwin Williams Acrolon 218 HS Acrylic Polyurethane (top coat), or approved alternatives.

7. Prime and paint exterior hull below water line with Sherwin Williams SeaGuard 6000

Marine Epoxy or approved alternative.


40

8. Prime and paint exterior thruster tubes with Sherwin Williams SeaGuard 6000 Marine Epoxy

(intermediate coat) and Sherwin Williams Acrolon 218 HS Acrylic Polyurethane (top coat),

or approved alternatives.

9. Prime and paint exterior hull red water line with Sherwin Williams SeaGuard 6000 Marine

Epoxy (intermediate coat) and Sherwin Williams Acrolon 218 HS Acrylic Polyurethane (top

coat), or approved alternatives.

10. Prime and paint deck curbing with Sherwin Williams SeaGuard 6000 Marine Epoxy

(intermediate coat) and Sherwin Williams Sher-Cryl HPA (top coat), or approved

alternatives.

11. Prime and paint superstructure and railings with Sherwin Williams SeaGuard 6000 Marine

Epoxy (intermediate coat) and Sherwin Williams Sher-Cryl HPA (top coat), or approved

alternatives.

12. Prime and paint vehicle deck and ramps with PPG Amercoat 138 heavy duty non-skid epoxy

coating, or approved alternative.

NOTES:

Any structural or mechanical deficiencies discovered not specifically described herein while

servicing the vessel shall be brought to the attention of the Department. No additional work shall be

performed without prior written approval from the engineer.

Prior to painting any areas of the hull, the contractor or his representative shall contact the United

States Coast Guard at (302) 644-1909, who will inspect critical areas. Contractor shall coordinate

with the Department to ensure that the Department has the opportunity to attend the USCG

inspection. Identified critical areas shall be addressed with “Cleaning, Painting, and Coating” items

above, as directed by the Department.

Contractor shall submit weekly work schedules to the Department in order to allow time to schedule

Department inspection(s) as needed. In order to facilitate work flow, the contractor shall give no less

than 3-days’ notice when requesting time-sensitive Department inspection.

The Department reserves the right to add Extra Work and/or Force Account Work per Section 109 of

the Standard Specifications and Special Provisions.

Contractor shall provide paint/coating samples to the Department for approval prior to painting.

Contractor shall apply topcoat to match the existing color scheme. Any deviation from the existing

color scheme shall be approved by the Department prior to painting.

All paint thickness shall comply with the manufacturer’s recommendations.

Contractor shall coordinate a pre-paint meeting with the Department to discuss proposed

alternatives, and limits of “Cleaning, Painting, and Coating” items prior to the work starting. All

“Cleaning, Painting, and Coating” items and quantities are subject to change at the discretion of the

Department. Changes in quantities will not constitute a change to, or a renegotiation of, contract bid

prices.

All surfaces to be painted shall be dry and totally free of grease, oil, or other residue prior to over-

coating. Any products/chemicals used for degreasing shall be compatible with the paint/coating to be

used. Surface preparation shall be per the “Cleaning, Painting, and Coating” items above, as directed

by the Department. Any degreasing not specifically covered by the “Cleaning, Painting, and

Coating” items above shall be incidental to the contract.


41

Prior to any blast cleaning, pressure washing, burning, or welding is done, all surfaces subject to

damage shall be covered. This includes glass, machinery, controls, and any other items not requiring

a coating. (Payment incidental to the contract)

All new steel shall be primed within 24 hours after installation. All surfaces damaged by welding or

burning are to be cleaned prior to coating.

All painting/coating activities shall follow the manufacturer’s recommendations and Section 616 of

the DelDOT Standard Specifications.

Any lettering, numbering, and handles shall be repainted in its existing colors, sizes and locations

after the ferry has been painted/coated. This includes valve numbers, manhole numbers, names, etc.,

i.e., sea valve cock shall be green and the fuel cut off valve shall be red. (Payment incidental to

contract)

Cold weather formulations of the required paints are to be used if so recommended by the

manufacturer, because of ambient temperatures at the time of application. No painting is to be

performed when the surface or material temperature is below the minimum recommended by the

manufacturer. Dew point recommendations are also to be observed. No painting is to be performed

when there is any evidence of condensation on the surfaces to be coated. Time between coats is to be

within manufacturer’s recommendations.

The vessel shall be shifted as necessary to permit painting in areas where blocks are supporting the

vessel. All painting shall be touched up as necessary if done before nearby equipment installation.

(Payment incidental to contract)

Any damage caused by the Contractor shall be repaired and painted at the Contractor’s expense.

All quantities listed in the item list are for estimating purposes. The Department reserves the right to

change quantities at the discretion of the Department. All work will be paid at unit bid pricing for the

quantity of work completed and accepted by the Department. Unit pricing shall not change based on

a difference in the estimated quantity and the actual quantity of work.

The Department reserves the right to cancel bid items at the discretion of the Department. All

payment shall be based on actual work completed and accepted by the Department.


42

BID PROPOSAL FORMS

CONTRACT T201880207.01

UNLESS OTHERWISE DIRECTED, SUBMIT ALL FOLLOWING PAGES TO:

DEPARTMENT OF TRANSPORTATIONBIDDERS ROOM (B1.11.01)

800 BAY ROADDOVER, DELAWARE 19901

Identify the following on the outside of the sealed envelope:

- Contract Number T201880207.01 - Name of Contractor

43

Item Description Quantity Unit Unit Price

Total Price

I Warranty

1 LS

II Transportation

1 LS

A1 Replace Engine

1 LS

A2 Replace Belt and Idler Pulleys

1 LS

A3 Replace starter and Alternator 1 LS

A4 Rebuild Transmission Gear Box 1 LS

A5 Rebuild Hydrostats 1 LS

A6 Replace Turbo 1 LS

B1 Replace Battery 1 LS

B2 Replace Electric Bilge Pump 1 LS

B3 Replace Multifunction Valves 1 LS

B4 Replace Shut Off Valves 1 LS

B5 Rebuild Shut Off Valves 1 LS

B6 Drain Fuel Tank for Inspection 1 LS

B7 Clean Hydraulic Tanks 1 LS

B8 Coordinate Department Inspection 1 LS

B9 Clean Fuel Tank 1 LS

B10 Replace All Hoses and Sleeves 1 LS

B11 Repair Manifold Valve 1 LS

B12 Repair Manifold 1 LS

BIDDER: ______________________________

BID FORM

** ALL COLUMNS MUST BE COMPLETED AS INDICATED **ALL FIGURES MUST BE TYPEWRITTEN OR HANDWRITTEN LEGIBLY IN INK

Page: 1 of 3Contract No. T201880207.01

B13 Replace Hydraulic Pipe 1 LS

B14 Install Fill Spout 1 LS

B15 Redesign Hydraulic Hose 1 LS

B16 Replace Fluids 1 LS

B17 Supply Fuel 450 GAL

C1 Replace All Hoses and Sleeves 1 LS

C2 Replace Flow Divider 1 LS

C3 Replace Cylinders 1 LS

C4 Rebuild Cylinders 1 LS

C5 Replace Line Bushings 1 LS

C6 Remanufacture Line Bushings 1 LS

D1 Hydraulic Hose Bracket 1 LS

D2 Replace All Hoses and Sleeves 1 LS

D3 Replace Ramp Cylinders 1 LS

D4 Grease Lines and Fittings 1 LS

D5 Grease Hinges 1 LS

D6 Replace Rub Plates 1 LS

E1 Replace Fairleads 1 LS

E2 Replace Hatch Seals 1 LS

E3 Replace Idler Pulleys 1 LS

E4 Grease Idler Pulleys 1 LS

E5 Replace Keel Cooler Anodes 1 LS

E6 Install Anti-Rain Strip 1 LS


E7 Install Throttle Control 1 LS

E8 Install New HVAC System 1 LS

E9 Install Metal Day Shapes 1 LS

E10 Install Navigation Light System 1 LS

E11 Furnish Cable 2,300 LF

F1 Dry Docking Plan 1 LS

F2 Light Pressure Wash 5,000 SF

F3 High Pressure Wash 2,200 SF

F4 Rust Removal - Interior 500 SF

F5 Prime and Paint - Interior 1100 SF

F6 Prime and Paint - Exterior Above Water Line 1070 SF

F7 Prime and Paint - Exterior Below Water Line 2100 SF

F8 Prime and Paint - Exterior Thruster Tubes 150 SF

F9 Prime and Paint - Exterior Red Water Line 120 SF

F10 Prime and Paint - Deck Curbing 280 SF

F11 Prime and Paint - Superstructure and Railings 1200 SF

F12 Prime and Paint - Deck and Ramps

1800 SF

Total Bid


PHOTOGRAPHS

Photo 1 Photo 2


Photo 3 Photo 4

Photo 5


Photo 6 Photo 7

Photo 8


Photo 9


CERTIFICATE OF INSPECTION

...- [Certification Date: 16 Oct 2008

.t United States of America l Expiration Date: 160ct2013

~ Department of Homeland Security IMO Number: United States Coast Guard

0

Certificate of Inspection -Ex. Name NEW CONSTRUCTION f./essel Name Offietal Number Call Sign Service

TINA FALLON 1206170 WZH8028 Passenger (Inspected)

Hailing Port Hull Material Horsepower Propuls1on

WOODLAND Steel 300 Combination Types DE

Place Built Delivery Date Date Keel Laid Gross Tons Net Tons DWT Length

SALISBURY, MD 160et2008 R-49 R-39 R-64.8 1- 1- 1-

UNITED STATES p wner Operator

STATE OF DELAWARE STATE OF DELAWARE 23697 DUPONT BLVD 23697 DUPONT BLVD GEORGETOWN, DE 19947 GEORGETOWN, DE 19947 UNITED STATES UNITED STATES

This vessel must be manned with the following licensed and unlicensed personnel. Included in which there must be 0 certified lifeboatmen 0 certified tankermen 0 HSC tvpe ratina and 0 GMDSS Operators.

1 Master 0 Master & 1st Class pilot 0 Radio Officer(s) 0 Chief Engineer 0 QMED/Rating 0 Chief Mate 0 Mate & 1st Class Pilot 0 Able Seamen/ROANW 0 1st Asst. Eng r/2nd Engr. 0 Oilers 0 2nd Mate/OICNW 0 Lie. Mate/OICNW 0 Ordinary Seamen 0 2nd Asst. Engr/3rd Engr. 0 3rd Mate/OICNW 0 1st Class Pilot 1 Deckhands 0 3rd Asst. Engr.

0 Lie. Engr.

In addition, this vessel may carry 48 passengers, 0 other persons in crew, 0 persons in addition to crew, and no others. Total persons allowed: 50 Route Permitted and Conditions of Operation:

---Rivers---

NANTICOKE RIVER : WOODLAND FERRY ROUTE CONNECTING BOTH SIDES OF HIGHWAY NO . 577 I N DELAWARE, UNDER REASONABLE OPERATING CONDITIONS , ON A TRIP LESS THAN 30 MINUTES IN DURATION .

VESSEL IS RESTRICTED TO OPERATI NG WITHI N 1000 FEET FROM SHORE AND DURING DAYLIGHT HOURS ONLY . VESSEL NOT EQUIPPED WITH NAVIGATION LIGHTS . WAIVER TO OPERATE WIT HOUT NAVIGATION LIGHTS GRANTED BY SECTOR DELAWARE BAY .

***SEE NEXT PAGE FOR ADDITIONAL CERTIFICATE INFORMATION***

With this Inspection for Certification having been completed at Salisbury, MD, the Offi~:n Charge, Marine Inspection, SAL TIMORE, MARYLAND certified the vessel, in all respects, is i/Jformity with ;eap licable vessel inspection laws and the rules and regulations prescribed thereunder. A /

Annual/Periodic/Quarterly Reinspections Thisce~~~ -Date Zone AIP/Q Signature

B. •. 1\JOY - R, C~irection - ,•.l ftUltt t. ~ J~D '-'t~ r,r k - it( .... ~ ~f ~ '-~"

-J14.J~w~ I. -/O.JAJOA ~ - A -l 1 .. ~ u SAL TIM ORE, ~:~~r:?e Inspection -.1 tf(j{f/1 - J-e~7 f) - fir -/7 A. rr.-#1 I Cw!JC/

I«~OI.fVL ... J... ~1#e7 - /')' 1/~h ~.A CftJoL Inspection Zone

Depo of Home Sec .. USCG. CG·841 (Rov 4·2000~ /_ OMB No 2115-0517

Department of Homeland Security United States Coast Guard

Certificate of Inspection TIN/\ F/\LLON

Page 2 of2 Certification Date:

160ct2008

TilE I~INIMUM NlJMBEF\ OF CHILD-SIZE LIFE PF\ESEF\VERS REQUIRED IS FIVE. IE' MOF\E THAN F'IVE: CHILDREN (OR PERSONS WEIGHING 90 POUNDS OR LESS) AF\E CARF\IED, ADDITIONAL CHILD-SIZE LIFE PRE:SElWERS SHALL BE CAP.IUE:D SO THAT THE VESSEL HAS AN APPROVED LIFE PRESERVER SUITABLE I"OH EACH CHILD ONBOMZD.

---Hull Exams--Exam Type Drydock

---Stability---

Next Exam 22Jul2013

Letter Approval Dal:e I 170ct2008

---Lifesaving Equipment---Number Persons

Total Equipment for Lifeboats(Total) Lifeboats(Port) • Lifeboats(Starbd)* Motor Lifeboats* J~ifeboats W/Radio*

Rescue Boats/Platforms Inflatable Hafts

0 0 0 0 0 0 0 0 Life Floats/Buoyant App

---Fire Fighting Equipment--Number of Fireman Outfj_ts/ 0

*Hose informati.on* (,)ty Diameter J Oth(~r

*Fixed Extinguishj_ng Capacity 100

.L.ength 50

Systems* Agent Carbon Dioxide

50 0 0 0 0 0 0 0 0

Last Exam 22Ju12008

Prior Exam

Office/ Marine Safety Center

Life l?reservers(Adult) Life Preservers(Child) Ring Buoys(Total)

With Lights·k With Line Attached* Other"-

Immersion Suits Portable Lifeboat Radj_os Equipped with EPIRB? (* included in totals)

Number of Fire Pumps/ 1

Required 50 :)0 1 1 1 2 0 0 No

Space Protected Engine Room

·k Fire Qty

Extinguishers - Hand portable and semi-portable* Cla.s.s Type

1 A-II l B-1 2 B-II

·k-A·*-END·A--1.--A-

I),· pi or IIOII<c Sec IJS( (,_ ((,-~~I (i<CI' -1-.llillll)i\'2) ())..lllN"lli.'-"'17

CERTIFICATION

CERTIFICATION

Contract No. T201880207.01 Federal Aid Project No. EBHOS-S072(02)

The undersigned bidder,

whose address is

and telephone number is hereby certifies the following:

I/We have carefully examined the location of the proposed work, the proposed plans andspecifications, and will be bound, upon award of this contract by the Department of Transportation, toexecute in accordance with such award, a contract with necessary surety bond, of which contract thisproposal and said plans and specifications shall be a part, to provide all necessary machinery, tools, laborand other means of construction, and to do all the work and to furnish all the materials necessary toperform and complete the said contract within the time and as required in accordance with therequirements of the Department of Transportation, and at the unit prices for the various items as listed onthe preceding pages.

Bidder's Certification Statement [US DOT Suspension and Debarment Regulation (49 CFR 29)]:

NOTICE: All contractors who hold prime contracts (Federal Aid) with DelDOT are advised that theprime contractor and subcontractors are required to submit to DelDOT a signed and notary attestedcopy of the Bidder Certification Statement for each and every subcontract that will be utilized by theprime contractor. This Certification must be filed with DelDOT prior to written approval beinggranted for each and every subcontractor. Copies of the Certification Form are available from theappropriate District Construction Office.

Under penalty of perjury under the laws of the United States, that I/We, or any person associatedtherewith in the capacity of (owner, partner, director, officer, principal, investigator, project director,manager, auditor, or any position involving the administration federal funds):a. am/are not currently under suspension, debarment, voluntary exclusion, or determination of

ineligibility by any federal agency;b. have not been suspended, debarred, voluntarily excluded or determined ineligible by any federal

agency within the past 3 years;c. do not have a proposed debarment pending; and,d. have not been indicted, convicted, or had a civil judgement rendered against (it) by a court of

competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidderresponsibility. For any exception noted, indicate below to whom it applies, initiating agency, and dates ofaction. Providing false information may result in criminal prosection or administrative sanctions.

(Insert Exceptions)DBE Program Assurance:

NOTICE: In accordance with 49 CFR Part 26 the undersigned, a legally authorized representative ofthe bidder listed below, must complete this assurance.

By its signature affixed hereto, assures the Department that it will attain DBE participation asindicated:

Disadvantaged Business Enterprise percent (blank to be filled in by bidder)


The foregoing quantities are considered to be approximate only and are given as the basis forcomparison of bids. The Department of Transportation may increase or decrease the amount of any itemor portion of the work as may be deemed necessary or expedient. Any such increase or decrease in thequantity for any item will not be regarded as a sufficient ground for an increase or decrease in the unitprices, nor in the time allowed for the completion of the work, except as provided in the contract. Accompanying this proposal is a surety bond or a security of the bidder assigned to the Department ofTransportation, for at least ten (10) percentum of total amount of the proposal, which deposit is to beforfeited as liquidated damages in case this proposal is accepted, and the undersigned shall fail to executea contract with necessary bond, when required, for the performance of said contract with the Departmentof Transportation, under the conditions of this proposal, within twenty (20) days after date of officialnotice of the award of the contract as provided in the requirement and specifications hereto attached;otherwise said deposit is to be returned to the undersigned. By submission of this proposal, each person signing on behalf of the bidder, certifies as to its ownorganization, under penalty of perjury, that to the best of each signer’s knowledge and belief:

1. The prices in this proposal have been arrived at independently without collusion, consultation,communication, or Agreement with any other bidder or with any competitor for the purpose ofrestricting competition.

2. Unless required by law, the prices which have been quoted in this proposal have not beenknowingly disclosed and will not knowingly be disclosed by the bidder, directly or indirectly, toany other bidder or competitor prior to the opening of proposals.

3. No attempt has been made or will be made by the bidder to induce any other person, partnership,or corporation to submit or not to submit a proposal for the purpose of restricting competition.

===========================================================================I/We acknowledge receipt and incorporation of addenda to this proposal as follows:

No. Date No. Date No. Date No. Date No. Date

BIDDERS MUST ACKNOWLEDGE RECEIPT OF ALL ADDENDA

MUST INSERT DATE OF FINAL QUESTIONS AND ANSWERS ON WEBSITE: _____________ =========================================================================== Sealed and dated this day of in the year of our Lord two thousand ( 20 ).

Name of Bidder (Organization)

CorporateSeal

By:Authorized Signature

Attest Title

SWORN TO AND SUBSCRIBED BEFORE ME this day of , 20 .Notary

Seal

Notary

BID BOND

BID BOND

TO ACCOMPANY PROPOSAL(Not necessary if security is used)

KNOW ALL MEN BY THESE PRESENTS That:

of in the County of and State of as

Principal, and of in the County of

and State of as Surety, legally authorized to do business in the State of

Delaware ("State"), are held and firmly unto the State in the sum of

Dollars ($ ), or percent not to exceed

Dollars ($ ) of amount of bid onContract No. T201880207.01, to be paid to the State for the use and benefit of its Department of Transportation ("DelDOT") for which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, and successors, jointly and severally for and in the whole firmly by these presents.

NOW THE CONDITION OF THIS OBLIGATION IS SUCH That if the above bounden Principalwho has submitted to the DelDOT a certain proposal to enter into this contract for the furnishing ofcertain materiel and/or services within the State, shall be awarded this Contract, and if said Principalshall well and truly enter into and execute this Contract as may be required by the terms of this Contractand approved by the DelDOT, this Contract to be entered into within twenty days after the date of officialnotice of the award thereof in accordance with the terms of said proposal, then this obligation shall bevoid or else to be and remain in full force and virtue.

Sealed with seal and dated this day of in the year of our Lord

two thousand and ( 20 ).

SEALED, AND DELIVERED IN THEpresence of

Name of Bidder (Organization)

CorporateSeal

By:Authorized Signature

Attest Title

Name of Surety

Witness: By:

Title

Documents

STATE OF DELAWARE DEPARTMENT OF TRANSPORTATION …gssdocs.deldot.delaware.gov/bids/T201880207 - Proposal-rak.pdf · SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. DELAWARE DEPARTMENT